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Whether in the case of children of married or unmarried parents we have extensive experience in advising parents and acting on their behalf in relation to the whole range of private law matters concerning children.
Disputes relating to children may involve applications to the Court for one or more of the following orders:-
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Parental Responsibility Order ("PRO") - where a child's parents were married to each other at the time of his birth (or have married subsequently) each have parental responsibility ("PR") for the child. That is to say 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. In the case of a child of an unmarried couple, the mother only has PR unless the father is registered as the father on the birth certificate, in which case since 1 December 2003 he will now automatically acquire PR. Other than by marrying the mother, the father can only acquire PR by a formal written agreement or by a PRO. |
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Residence Order - an order settling the arrangements to be made as to the person with whom the child is to live; |
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Contact Order - an order requiring the person with whom the child lives or is to live to allow the child to visit or stay with the person named in the order or for that person and the child otherwise to have contact with each other; |
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Prohibited Steps Order - an order that no step which could be taken by a parent in meeting his or her parental responsibility for a child and which is of a kind specified in the order shall be taken by any person without the consent of the Court; |
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Specific Issue Order - an order giving directions for the purpose of determining a specific question which has arisen or which may arise in connection with any aspect of parental responsibility for a child;
. Financial Provision Orders - where appropriate, the Court may make orders for maintenance, lump sum, settlement of property and transfer of property. |
As with much of our work there is often an international element and we are accustomed to liaising with practitioners in other jurisdictions. Such cases may involve issues of forum non-conveniens, unlawful removal of children both to and from the Court's jurisdiction and applications to the Court to remove children permanently from the Court's jurisdiction.
We understand and appreciate the distress and trauma involved when dealing with child related disputes. Our advice is designed to minimise upheaval and disruption and will always ensure that the child's welfare is the primary consideration.
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