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Complex Family Law 

(Parental Responsibility, Surrogate, International Child Abduction)

Many have a dream of Happy Family life, a life with their children, and sometimes, regrettably, these dreams are broken.

Complex Children and Family Law:

 

‘Change is the Law of Nature’, a saying that holds true when it comes to Family Law.

 

Complex Child Law 

Times have changed. Families are now formed in unconventional ways, and those built through assisted conception can raise a wide range of complex, unforeseen and unwanted legal and practical issues, including but not limited to:

 

  1.  Chid Alienation (referred to as Parental Alienation)   

  2. The Name of the Father not being on the Birth Certificate of the child

  3. Relationship breakdown issues with an existing or previous partner, known donor, co-parent, stepparent (who has parental responsibility, a surrogate or someone else with Parental Responsibility

  4. Uncertainty about the legal status of a new partner

  5. Gender (and Gender recognition), age, social, cultural, religious and belief issues

  6. International Abduction and lifestyle legal and practical issues (e.g. international conflicts of law about legal status and rights of children, parents and families)

  7. Grandparents rights, see more details on https://www.incourt.co.uk/grandparents-rights

  8. Special Guardianship issues www.incourt.co.uk/special-guardianship

 

We provide expert specialist support in the above-listed matters.  We operate at the forefront of these unique circumstances, policy and practices, delivering innovative support solutions to meet the needs of the applicants/defendants in the matter. We are a Boutique Paralegal firm that specialises in Family Law. Family Law is what we do, what we do is Family Law.

 

While those going through the separation may or may not come to agreements regarding Children's Living arrangements, and the dispute may lead to the Courts, some parents have more complex challenges. They may not even have the right to apply for a court order, and may this need to seek Permission to Apply before they can get a contact order to have any direct or indirect contact with the child(ren).

One of the many examples of Complex Child matters relates to Father's who do not have their Name on the Birth Certificate. How do they prove that they have Parental Responsibility?

 

So, What is Parental Responsibility?

As per our UK Gov site:  https://www.gov.uk/parental-rights-responsibilities

“What is parental responsibility?

All mothers and most fathers have legal rights and responsibilities as a parent - known as ‘parental responsibility’.

If you have parental responsibility, your most important roles are to:

provide a home for the child

protect and maintain the child

 

You’re also responsible for:

  • Disciplining the child

  • choosing and providing for the child’s education

  • agreeing to the child’s medical treatment

  • naming the child and agreeing to any change of name

  • looking after the child’s property”

 

We at Court Help Limited, as a boutique Family Law paralegal firm, assist parents with Children Arrangement Orders.  Not just that, we have specialised skills to support a parent whose name is not on the Birth Certificate of the child.

Not having the name on the child’s Birth Certificate poses a unique problem, wherein the applicant needs to apply for permission to start the Case, commonly known as Permission to Apply. This process requires a C2 Form which is used presently in the date of authoring this write up (1-8-2020).  Along with this, the applicant may apply to get Parental Responsibility using the C1 form, and if one seeks Living Arrangements Orders than may also apply for the same using the C100 form.

 

The first question that the Court will need to decide on:

Granting permission to apply? Or not?

After that in case the applicant has requested for Parental Responsibility, then the Court will need to deal with that question, along with the question of the Child Arrangements Order (if raised/applied for), which may generally be the case.

 

We at Court Help Limited (www.inCourt.co.uk) specialise in the Paralegal and McKenzie Friend support required in such Complex Child Law matters. We can assist the applicant in the process of getting a Parental Responsibility Order leading to the ability to make decisions that are in the best interests of the child.

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