Category: Children law
One of these myths-although probably the least important-is that maintenance for children is dealt with by the Child Support Agency. It is not. In 2008 following publicity of the catastrophic failures of the CSA, the name was changed to the Child Maintenance and Enforcement Commission. However most people still refer to the CSA and I shall do so in this article.
The courts have long accepted that grandparents have an important role to play in the upbringing of children. Perhaps unfortunately however the Children Act 1989 does not give any particular rights or recognition to grandparents. The Act places every emphasis on what is in a child's best interests which the courts are charged to promote but does little to ensure contact with grandparents following the breakup of the children's parents. As a result almost half of children from broken homes lose contact with their grandparents.
An application by a parent for a residence order which will require a child to move home will very often involve a difficult balancing act by the court. It can be a delicately weighed exercise for the judge who must make the decision and this will be particularly the case when both parents are able to offer a reasonable standard of care. A deciding question may often be the wishes of the Child if he or she is of sufficient age and maturity.
In order to adopt a child you must be over 21 years of age and the child must be under the age of 18. If it is to be a joint application to adopt you must be married or in a civil partnership. If you are unmarried only one person can be the adopter.
Parents with young children should always consider who will look after their children if they are unable to do so. In other words should they apoint a Guardian for their children to ensure that they are looked after by the person may wish in the event of their death
Choosing a Guardian
Special guardianship is a new legal option intended to provide permanence for children for whom adoption is not appropriate.
A special guardianship order (SGO) gives the special guardian parental responsibility for the child. Unlike adoption, under a SGO the parents remain the child's parents and retain parental responsibility, though their ability to exercise their parental responsibility is extremely limited.
The Law
Parental Responsibility Agreement (father)
Parental Responsibility Agreement (step father)
Appointment of a Guardian Deed
With Legal Aid all but unavailable and solicitors charging around £200 an hour; more and more people are acting in person when they have to take disputes over their children to a Court.
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