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Child matters FAQs

After separation, parents should continue to communicate with each other openly about all issues involving or affecting their children. It may be difficult but it is essential. Showing a united front and providing reassurance to your children is so important. Make sure they know that, although their parents may no longer be together, they each love them and will continue to be there for them.

Parental Responsibility is a legal concept. It governs who is able to make important decisions about children. Mothers always have Parental Responsibility, but that is not necessarily the case with fathers. If a father does not have Parental Responsibility, he can obtain it, either with the mother’s agreement or by a court order.

Emotion and practicality don’t mix well, but where children’s welfare is concerned, it is important to be as level-headed as possible about the post-separation arrangements. The most pressing issue to decide is where and with whom the children will live, and the arrangements for the children to see the other parent. Children have a right to see both parents and this should be the starting point for the discussion.

Where there are issues which cannot be easily resolved between parents, consider asking an independent mediator to step in. Mediators are specially trained in working with parents to encourage helpful conversations about the children and to see if practical proposals can be agreed. It is not about getting you and your partner back together, it is purely about helping you sort out important arrangements for your family.

Mediation is a voluntary process, but in most situations it needs to at least be explored before you can apply to the family court to resolve any issues.

The idea of having a judge look into your family life may be unsettling. But it is helpful to think of the court as a fair third party which has your children’s best interests at heart. When parents cannot agree on where the child will live, with whom they will spend time and when, the court can make a Child Arrangements Order. The court has wide powers when making this type of order, including the power to order a parent to complete a specific activity, such as attending a parenting course.

In some cases, during the separation and divorce process one parent will attempt to take control over their children. They may make decisions and act without obtaining the other parent’s consent (which should be obtained). One such example is a parent taking the children out of the country without the other’s consent.

If you are worried that your partner may act in such a way, then it is important to discuss it with your solicitor straight away. You may be able to apply to the family court for a Prohibited Steps Order which puts a legal stop on certain things happening. Courts will sometimes process these applications on an emergency basis without the other party being present (a “Without Notice” Order).

The courts are not just on hand to help establish routine arrangements following separation. They can also assist at any time when parents cannot reach an agreement on a particular issue concerning the children. One such example is parents being unable to agree upon the school that the children should attend. In such cases, a parent can apply for a Specific Issue Order, allowing the Court to decide the issue in the children’s best interests. Where necessary such an application can also be made on a “Without Notice” basis.

Parents should try and resolve the financial issue of child maintenance between themselves if possible. If they cannot, it is possible to apply to the Child Maintenance Service for help.

Arrangements about where your children should live and their contact with each parent should never be influenced by whether or not a parent is paying maintenance. They are entirely separate issues. Even if your partner is not paying maintenance at all, or has defaulted on payments, they are still entitled to see their children as arranged.

Children remember what they see, hear and feel, and they have a knack of being in earshot when you least expect them to be.

We have worked with plenty of clients who are embroiled in bitter break-ups. We always advise them to do everything they can to protect their children from the negativity of separation. That means setting aside issues while you are in your children’s company and avoiding getting into arguments with a partner while children are in earshot. However strongly you feel, never pass on your true feelings about your partner to your children.

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12 Sep 2024

Excellent Solicitor

Sajith Pillai acted as my conveyancing solicitor for buying my property, he provided great support and completed all the necessary checks in short time. He checks everything and raise it to concerned parties for the clarification. He communicated every bit of information to me in detailed manner and it is very easy to understand. He helped us in understanding the process well and always available to clarify my doubts, I am very happy with his service provided to us. I would definitely recommend him. Thank you Sajith 🙂


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10 Sep 2024

Outstanding service provided by Angela and Eric Robinson

Angela Payne acted as my conveyancing solicitor for the sale of my property and throughout the entire process, the service she provided was outstanding! From initial appointment and through to completion, communication was both clear and prompt, enabling me to make informed decisions. At times, where the transaction was being frustrated by the other party to the sale, Angela always made herself available for a phone call, providing both reassurance and soundboarding on ideas on how to keep the transaction moving forward, whilst maintaining a friendly and professional manner at all times. I felt confident that she was acting in my best interests. Angela is an excellent representative of Eric Robinson, and I am very grateful for the services she provided and would highly recommend.


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27 Aug 2024

Experienced Residential Conveyancing Solicitors

I had the pleasure of working with Eric Robinson Solicitors for the purchase of my home, and I am extremely satisfied with the service provided. Mr Sajith Pillai was highly professional, efficient, and kept me informed every step of the way. They made the typically stressful and complex process of buying a home feel seamless and easy. I would strongly recommend Eric Robinson Solicitors to anyone seeking a residential conveyancing solicitor. Thank you.


Nick
23 Aug 2024

Great service!

Great service from Sajith. Very good communication and constantly updated us. Thank you for everything- really appreciate it. Helped us achieve our dream home.


Nisha Thomas
22 Aug 2024

Excellent service

Eric Robinson Solicitors service was excellent.Our designated solicitor Sajith was excellent in all his dealings with us. He was very efficient and very fast with his replies, ensuring that all our doubts and questions were answered. We would highly recommend him to any of our friends and family. Thank you Eric Robinson Solicitors


Annis Panikulam
21 Aug 2024

Made the sale and purchase of our…

Made the sale and purchase of our property stress free. Provided easy non jargon communication. A special mention to Hannah Jones and Carly Dawson who worked extremely hard.


Darren
12 Sep 2024

Excellent Solicitor

Sajith Pillai acted as my conveyancing solicitor for buying my property, he provided great support and completed all the necessary checks in short time. He checks everything and raise it to concerned parties for the clarification. He communicated every bit of information to me in detailed manner and it is very easy to understand. He helped us in understanding the process well and always available to clarify my doubts, I am very happy with his service provided to us. I would definitely recommend him. Thank you Sajith 🙂


Ramesh
10 Sep 2024

Outstanding service provided by Angela and Eric Robinson

Angela Payne acted as my conveyancing solicitor for the sale of my property and throughout the entire process, the service she provided was outstanding! From initial appointment and through to completion, communication was both clear and prompt, enabling me to make informed decisions. At times, where the transaction was being frustrated by the other party to the sale, Angela always made herself available for a phone call, providing both reassurance and soundboarding on ideas on how to keep the transaction moving forward, whilst maintaining a friendly and professional manner at all times. I felt confident that she was acting in my best interests. Angela is an excellent representative of Eric Robinson, and I am very grateful for the services she provided and would highly recommend.


Matthew
27 Aug 2024

Experienced Residential Conveyancing Solicitors

I had the pleasure of working with Eric Robinson Solicitors for the purchase of my home, and I am extremely satisfied with the service provided. Mr Sajith Pillai was highly professional, efficient, and kept me informed every step of the way. They made the typically stressful and complex process of buying a home feel seamless and easy. I would strongly recommend Eric Robinson Solicitors to anyone seeking a residential conveyancing solicitor. Thank you.


Nick
23 Aug 2024

Great service!

Great service from Sajith. Very good communication and constantly updated us. Thank you for everything- really appreciate it. Helped us achieve our dream home.


Nisha Thomas
22 Aug 2024

Excellent service

Eric Robinson Solicitors service was excellent.Our designated solicitor Sajith was excellent in all his dealings with us. He was very efficient and very fast with his replies, ensuring that all our doubts and questions were answered. We would highly recommend him to any of our friends and family. Thank you Eric Robinson Solicitors


Annis Panikulam
21 Aug 2024

Made the sale and purchase of our…

Made the sale and purchase of our property stress free. Provided easy non jargon communication. A special mention to Hannah Jones and Carly Dawson who worked extremely hard.


Darren
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