Telephone Liskeard: 01579 343165

Children: Residence and Contact

The right approach to residence and contact

One of the most difficult aspects of family breakdown is deciding what the arrangements for the children will be. Where they will live and who they will live with, when and how often they will see the non resident parent, arrangements for schooling, holidays and whether the non resident parent will pay a contribution to the costs of the children (Maintenance).

Ensuring your children’s welfare must be the primary concern and we will work closely with you to help you make the right decisions for the benefit of all involved.

Our highly experienced, specialist family solicitor will sympathetically guide you through the process in a way that constructively addresses the issues involved.

We will:-

  • Ensure that the communication and decision making process achieves a workable outcome
  • Keep you up to date with every stage of the process
  • Inform you of all options and alternatives
  • Negotiate on your behalf or arrange mediation if reaching an agreement becomes difficult

Legal intervention for residence and contact

If an agreement cannot be reached about residence and contact or other decisions about the welfare of the children then it may be necessary to apply to the Court for a Residence and Contact Order.  We will assist you through the Court process and our qualified Solicitor will advise you throughout.

An important concept used by the law in relation to children is parental responsibility.  This encompasses all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.  Mothers of children will always have parental responsibility.  Fathers will have parental responsibility if:-

  1. They were married to the mother at the time of the child’s birth;
  2. For a birth registered after 1st December 2003 if the father’s details were recorded on the birth certificate;
  3. They subsequently marry the mother;
  4. They enter into a parental responsibility agreement with the mother;
  5. They obtain an order from the Court.

Change of Name

In order to legally change a child’s name all persons with parental responsibility must agree to the change.  We can prepare the change of name deed but will need to see written evidence of this agreement.

For further help, call us on Liskeard (01579) 343165