What does a child law solicitor do?
Private Children law governs disputes about children and their welfare between parents or others with parental responsibility. Our solicitors help parents to negotiate and reach an agreement with the other parent, and where needed, secure binding determinations through alternative dispute resolution such as child inclusive mediation or arbitration, or in the alternative, through court proceedings.
Alternative dispute resolution
We help parents negotiate arrangements for their children that they are comfortable with, and where both parents have meaningful involvement in the child’s life – so long as that is in the child’s best interests and safe for them.
Negotiations can be conducted directly between parents with our support, or through correspondence between solicitors on their behalf. Solicitor involvement can help to focus on the factual matters at hand and reach an agreement by removing the emotions from the situation.
Family therapists can also help to resolve underlying issues, which in turn aids the progress of negotiations. We work with trusted third-party therapists and other professionals such as independent social workers to help with difficult parenting relationships.
Where agreements cannot be reached and mediation is appropriate, we help support clients through the process and provide them with advice throughout. Understandably, some people are very intimidated by the thought of mediating alone with the other parent; we can attend with them and this is known as ‘hybrid’ mediation. This is particularly better suited to those with a difficult, narcissistic or aggressive former partner, and where they are worried that their ex will control or gaslight them during the process.
If all other forms of dispute resolution have failed, it may be possible to appoint a Private Children Law Arbitrator – their decision is binding on both parents. Unlike court proceedings, arbitration can be tailored to make it more efficient and less hostile.
If arbitration is not suitable or agreed to by the other parent, we guide and support clients through the court process to secure the results needed for their children.
Our family law services for support of child law:
- Surrogacy
Our family lawyers understand that the path to parenthood through surrogacy can be complicated and it is advised that you seek legal advice as early as possible to obtain the required assistance with the surrogacy process.
- Parental orders
When children are born through surrogacy, a parental order is required to secure the intended parents’ legal status for their child – i.e. to give them full legal parenthood and parental responsibility for their child, without which they cannot make vital decisions like enrolling them at school or approving medical treatment . Our lawyers advise on eligibility, consent requirements and the application process, ensuring that legal parenthood is established as smoothly as possible. We understand the importance of clarity and certainty for families throughout the journey.
- Parental alienation
Parental alienation is not a diagnosable syndrome despite the rise in awareness of the term. Instead, the focus is on alienating behaviours exhibited by a parent. This is an incredibly complicated issue to deal with. Alienating behaviours are identified when one parent is considered to have intentionally and maliciously influenced the child’s perception of the other parent negatively, resulting in an unexplained reluctance or refusal by the child to spend time with that parent.. We work with parents both wrongly accused of alienating behaviours (which is a common feature in domestic abuse cases) and parents whose relationships with their children have been eroded by alienation. We provide strategic legal advice and recommend specialist therapists and independent social workers to help our clients.
- Abuse
We recognise that situations involving domestic abuse require urgent, compassionate support. Our solicitors provide clear advice on the legal protections available, including non-molestation and occupation orders, and can act swiftly to help safeguard you and your children. We work with sensitivity and discretion to ensure you feel supported at every stage of the process.
- Neurodivergent families
Our family solicitors regularly work with families where neurodiversity plays a part. We take a thoughtful and informed approach and can guide you through every aspect of family law to help ensure the best possible outcome for you and your child.
- Child arrangement orders
People are often unaware that child custody no longer exists and was removed as a legal concept in the 1980s. Parents now have parental responsibility for their children and this is not altered by separation or divorce. However, if they can’t agree on arrangements for their children to include who their children should live with and the time the children should spend with each parent then a “child arrangements order” can be applied for.
- Child maintenance
Child maintenance can often be a sensitive and complex issue for separated parents. Our family lawyers can advise on the appropriate level of financial support and help parents reach a fair arrangement, whether through agreement or by guiding you through the Child Maintenance Service process. Where necessary, we can also assist with applications to the court to ensure that a child’s needs are properly provided for.
- Specific Issue orders
When parents cannot reach a decision about welfare issues that relate to very specific matters such as planned medical treatment, the surname of a child, or when they can’t agree which school they should attend (particularly if one parent ultimately wants to move the child to another part of England & Wales) then a specific issue application can be applied for.
- Permission to relocate a child overseas (also known as leave to remove from the jurisdiction)
In some cases, parents cannot agree on which country a child should live in. If a parent wants to move with the child outside of England & Wales for a legitimate reason, and with realistic plans, then we can help the parent obtain the court’s permission if the other parent objects to the move.
Likewise, we also represent parents who object to a child being moved abroad and help them to implement strategies to safeguard against a parent that is a flight risk, wrongfully abducting the child from this country or retaining them abroad after a holiday.
Why choose B P Collins as your family law solicitors?
With 60 years of experience and extensive knowledge, we’re consistently ranked in legal directories such as Chambers HNW, Chambers UK and The Legal 500, for the strength of our family practice.
The family solicitors at B P Collins are also members of Resolution, a community of family justice professionals committed to resolving issues in a constructive way.
Contact our child law solicitors today
From our offices based in London, Ickenham, Thame and Gerrards Cross, our child law lawyers can work directly with you wherever needed. Contact us now in confidence on 01753 889995 or enquiries@bpcollins.co.uk.
