This is an open-ended question but one which many couples following a breakdown in the adult relationship ask themselves. It is really hard to know where to turn at such a difficult and emotional time. The impact of separation upon everyone can be immense, and people often focus quite rightly on the immediate issues to get by. It can be very hard to make decisions in the long terms or take steps thinking of the future, with the benefit of clarity of mind, given the turmoil in play.
Like with many aspects of life, there are often misconceptions or myths that we come to believe in scenarios we aren’t familiar with, and if they don’t affect our immediate day to day life, we may think nothing more of it at the time. Sometimes, however, when matters settle and we can begin to focus more clearly on the medium to long term we learn and understand that those things we had assumed were the case are actually not quite right.
The law in relation to children can be one of these things. Many will be familiar with the principle that the Court will want to do what is in the children’s best interests. The Court’s paramount concern is the children’s welfare and with almost all proceedings concerning children this will be at the heart of decision making. How you achieve that and the practicalities and procedures for doing so when matters are in dispute can be somewhat nuanced. Taking advice early and taking steps in advance is so often underestimated by us all. The old adage really does so strongly apply that prevention is better than cure. We are regularly faced with situations when a parent needs to react or an urgent situation that arises and, whilst we can ably assist with those situations to take appropriate steps, it really is far better to be forewarned and forearmed with knowledge about situations that might unfold will help you plan ahead, help your outlook on matters to be more positive and equip you to deal with the challenges you face. Taking advice early can not only give you back the control you desperately need in a difficult situation but also can prevent protracted and costly litigation which we are always keen to avoid wherever possible.
Our children team at Stephens Scown has great people who can help support you and dispel myths, help you understand your options and work out a plan to meet your goals in looking after your children. There may be things you can do now that will pay dividends in the future and, even if you are happy with the current position but have concerns or questions about changes afoot or if things were to go wrong, we can help answer those queries for you. We have accredited specialists with a vast amount of experience across the wide range of children issues that parents and family members face.
There are plenty of frequently asked questions –
- what is parental responsibility;
- do I need permission to move my child to a new school;
- can I consent to medical treatment for my child;
- can I change my child’s name;
- what if my ex-partner doesn’t return our child;
- can I go on holiday without my ex-partner’s consent;
- can I relocate – inland or to another country;
- when can our children decide when they want to see the other parent;
- what is a Guardian;
- what is CAFCASS and how do they help the Court?
This list isn’t intended to be exhaustive, and there are many other questions that parents regularly ask us. We can help answer all of these and give you advice and support tailored to your individual needs. Together with our colleagues who specialise in financial claims relating to children and related property and cohabitation disputes we can provide a rounded service to you and one that works most importantly for you.