Category Archives: Your Children

Solicitor of the year joins specialist firm

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It has been an exciting 18 months of developments for Devon firm, Hartnell Chanot & Partners. The family law specialists have expanded their services from Exeter into nearby Plymouth and they have greatly increased their capacity to deliver their creative brand of family law service across each of their specialist practice teams. In return they have been rewarded for these efforts with a host of award nominations and industry recognition.

Just a week after being listed as a top tier firm in Legal 500, the leading directory for legal practitioners, Hartnell Chanot &Partners are proud to announce the latest addition to their ranks. Family Law Solicitor of the Year in 2011- Vanessa Priddis who will bring a wealth of experience and a nationally respected reputation to the firm.

Norman Hartnell, Director, commented: “We are absolutely thrilled to have Vanessa joining the firm, she is widely respected within the family law community and she will help reinforce our status as a leading player in the South West’s family law market.” He went on to say: “Vanessa will be adding valuable scope to our team of highly skilled and experienced care lawyers and support staff. It would be fair to say that we will have one of, if not the best, childcare team in the country.”

Vanessa qualified as a solicitor in 1987 having studied at Guildford College of Law. She quickly built up a reputation for acting for children and parents in all types of cases before the court. During her distinguished career Vanessa has specialised in international adoption, surrogacy and care proceedings. She has contributed widely to the development of family law practice, serving on the local Resolution committee, the National Law Society sub committee on Children Law, working as a member of the Exeter Family Court Users Group, lecturing for Jordans Family Law and sitting as a deputy district judge.

Hartnell Chanot & Partners are known for their creative, problem solving approach to family law; an approach that seeks to provide amicable resolutions to a wide range of family disputes and relationship breakdowns. This reputation and well-rounded approach was one of the key factors that attracted Priddis to the team.

Vanessa stated: “I am really delighted to be joining Hartnell Chanot & Partners as I see their approach and commitment to all areas of family law to include those that are legally aided as mirroring my own. The team has a wealth of talent which I am excited to work alongside.”

A relationship unlike any other – Grandparent and Grandchild

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Four out of ten grandparents will lose contact with their grandchildren upon the breakdown of the parents’ relationship. So as a grandparent is there anything that you can do to ensure that you maintain contact with your grandchildren?

As everybody knows, when a relationship breaks down it is often difficult for those involved not to take sides, particularly when it is your son or daughter’s relationship. This often then creates difficulties with regard to maintaining contact with your grandchildren, particularly when tensions are running so high. In these circumstances it just may not be possible to have constructive conversations amongst yourselves about contact with your grandchildren.

If this is the case then is there anything you can do? 
Well just like when parents have a dispute regarding contact with their children they may attend mediation to try and reach an agreement, without having to take any matters to Court. This is a possibility for you as grandparents as well, whereby an independent mediator will try and help you reach an agreement with the parents to enable you to maintain contact with your children. However if these discussions break down what do you do next?

Unlike parents who can make an application to Court to have contact with their children, grandparents must first obtain permission from the courts prior to making any application for contact. To some this seems wrong given the fact that step parents have an automatic right to apply for contact without having to apply for permission. However despite several recent highly publicised campaigns to have this extra step for grandparents removed, it does currently remain.

So is this permission difficult to obtain?

Don’t be disheartened, this extra step of seeking permission should not discourage grandparents from pursuing contact with their grandchildren. It is not a significant hurdle to obtain permission from the Court, providing your application is of a genuine nature. As a grandparent you will need only to show that you have a meaningful and important connection with a child. If you have been a regular figure in your grandchild’s life and have had regular involvement with them then this will usually be relatively easy to demonstrate. Once this permission is obtained you are then able to make an application to the Court to have contact with your grandchildren, in the same way as a parent can.

The Court fully recognises the important role that grandparents play in children’s lives. Despite the extra hurdle grandparents currently face, it is hoped that you will not be discouraged from taking steps, if necessary, to ensure that you are able to maintain that nurturing and special relationship with your grandchildren. A relationship which is unlike any other.

If you would like to learn more about your rights as grandparents and the options open to you, why not attend our Grandparents’ Association Regional Conference.

Hartnell Chanot Welcomes Consultation on Parental Contact Following Separation

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Hartnell Chanot & Partners has welcomed the government’s consultation, announced yesterday, on plans to ensure that children continue to see both parents after a separation or divorce.

The proposed changes to the Children Act 1989 will seek to ensure that both parents’ roles are recognised and that there is no discrimination between parents. The proposals do not recommend an equal sharing of time after parents’ separation but place emphasis on the quality of the time that each parent has with the children, and that unless there are real safety or welfare concerns, the usual expectation will be that the children can spend quality time and retain a good relationship with both parents.

The consultation will also look at how to toughen sanctions to enforce breaches of court orders regarding care arrangements.

Commenting on the consultation Norman Hartnell, Director said: “We are pleased to see that the government is looking at ways to improve the system in the best interests of children. Many of our clients face child contact issues and it is extremely distressing for both the parent and the child when one parent is unreasonably denied access to their own children. Provision has to be made of course to protect children from harm where that has occurred, and that will not change. We hope however that the emphasis on purely punitive sanctions will give way to greater encouragement to solve problems, to enable parents who are in the midst of their own emotional turmoil to place their children’s needs uppermost in their minds.”

He added: “In dealing with such difficult situations the children’s interests need to be put at the centre of any arrangements. This is our fundamental approach and it would appear that the government is taking the same direction with this consultation.”

The consultation closes on Wednesday 5 September and can be accessed here.

A Tale of Two Daddies

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Many of you may have seen Eastenders on the evening of the 19th January 2012. Eastenders scriptwriters have a great way of interweaving contrasts to make their point.

This episode saw the yearning of a loving father being reintroduced to his son after five years of separation. Both delighted in playing with his toys melting the heart of a stony hearted mum.

Meanwhile on the other side of the square a son longing for his dad’s approval and love was humiliated and rejected by his father who in turn humiliated and rejected him.

Nothing stirs the emotions like the bond between a parent and child, love and rejection.

We see this time and time again when fathers who have not had contact with their children for some time finally are given the opportunity of re-establishing their bond together.

Fathers who find themselves in a situation where they are not having contact with their children on a regular basis do need help and guidance. There are a number of useful support groups and advice centres for fathers and links to these can be found throughout our website or by clicking here.

For dad’s finding themselves in this position it is essential that they obtain good quality legal advice as soon as possible.

Seeking legal advice can clarify what a dad’s options are and ensure that the actions that they take to regain contact will be appropriate and not unsettle what is already a delicate situation.

Our website is full of free legal and practical advice for dads. We welcome the opportunity to help dads in this position to re-establish contact. We can speak to dads over the telephone or Skype or in person at either of our offices in Exeter or Plymouth.

Just Dads: Parental Responsibility

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In England and Wales Parental Responsibility for a child is defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property”.

Having Parental Responsibility for a child enables a parent to make day-to-day decisions in respect of their child and the right to be consulted, about matters such as education, religion and medical treatment. Any parent with Parental Responsibility can also, for example, object to any change of a child’s name.

Who has parental responsibility?

When a child is born the mother automatically has Parental Responsibility . The father does also but only if he was married to the mother at the time of the child’s birth or subsequently marries the mother. If the father is unmarried, he automatically has Parental Responsibility for the child if the child’s birth is registered after the 1 December 2003 and the father’s name is on the child’s birth certificate.

Will you lose parental responsibility if you get divorced?

No – you do not lose Parental Responsibility if you get divorced; you will carry on being the child’s full legal father whether or not the child lives with you.

Unmarried Fathers

If your child’s birth is registered before the 1 December 2003, you do not have Parental Responsibility, even if you are named on the birth certificate as the father. In fact unmarried fathers have no legal rights or status whatsoever, other than a duty to pay the Child Support Agency following an assessment of means.It is recommended that unmarried fathers acquire Parental Responsibility giving them the same rights in the decision making process relating to bringing up the child as enjoyed by married fathers.

This can be obtained in the following ways:

  1. By the mother agreeing to and signing a Parental Responsibility Agreement. This is then lodged with the Principle Registry of the Family Division in London.
  2. By the father obtaining a Parental Responsibility Order by an application being made to the court.
  3. By the father obtaining a Residence Order which would automatically grant him Parental Responsibility.
  4. By marrying the mother.

Your Children: How Much Contact Can Your Ex Have?

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This is usually decided between you and your ex partner and will vary according to your circumstances, work and the age of your children.

Each family has individual routines and time constraints and you will need to balance these against the need for both of you to make quality time for your children.

Some parents have contact every day while others see their children once a month. Your yardstick should be whether your children seem happy with the amount you have decided on.To avoid confusion it’s good to plan holidays and birthdays well in advance so children can look forward it. Try to involve them in the planning of these dates so they can feel secure about what’s happening.

Once again if you are at all worried for your children’s safety with your ex, this can be discussed in the court hearing and the court has the power to limit contact accordingly. It may be, for example that your ex can have supervised contact or even indirect contact such as email and telephone only. Whatever the circumstances, the court considers contact to be the right of the child and only makes orders to promote their best interests.

Your Children: Shared Parenting

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One of the most difficult decisions facing parents with children is the division of responsibility and time with their children.

Mothers and fathers may be worried that the separation will have a negative impact on their parent-child relationship, and be eager to retain a strong positive parenting role in their children’s life.

What is Shared Parenting?

The term ‘shared parenting’ (formerly joint custody) refers to a family arrangement following divorce or separation where both parents share responsibility for their child’s upbringing. Children spend substantial amounts of time living with each parent and child maintenance payments are reduced for each night of the week that the child stays with the non-resident parent. Putting together a shared parenting plan is an ideal way to agree arrangements between yourselves.

What are the Advantages of Shared Parenting (joint custody)?

  • Children may be reluctant to ‘choose’ which parent to live with after family breakdown, and research shows that the children who best survive their parent’s break-up are those maintaining significant and positive relationships with both parents.
  • Children do best when both parents have a stable and meaningful involvement in their children’s lives.
  • Each parent has, and respects, that the other parent has different and valuable contributions to make to their children’s development.
  • Although parents live in separate places, children feel reassured that they have a home with each of them.
  • Children need to be reassured that each parent has somewhere to live and to actually see that
  • It ensures continuation of family life for the child, building lasting relationships with both parents rather than just one.
  • Children have structured, routine time as well as unstructured time with each parent.
  • Consistent rules and values in both households create a sense of security for children of any age.
  • Children don’t need to “have permission” from each parent to enjoy the time that they spend with the other parent.

Research consistently finds that children are harmed when exposed to conflict between parents. For the benefit of your children and yourselves, it is important to maintain an amicable relationship with the other parent if possible, and not to argue or fight when picking up or dropping off your children. This can affect your children’s behaviour later on in life when they form their own, adult relationships.

Your Children: What Are Your Options?

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It is essential that you work out the best possible arrangements for your children and ensure they are clear, consistent and reliable for everyone involved.

Putting Your Children First

Think about all aspects of your children’s lives including the arrangements you are making for them, and how you can best support your children through the transition and beyond.

What Are Your Options?

  • Shared Parenting / Shared Residence Order

The term ‘shared parenting’ refers to a family arrangement following divorce or separation where you both share responsibility for your child’s upbringing

  • Applying for Residence

The granting of a Residence Order is subject to the case’s individual merits and is based on what is in the child’s best interest

  • Agreed contact

Contact with a child is not a parent’s right. It is the right of the child to have contact with both parents, and to have a loving and secure relationship

Your Children: Child Support

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Child support is paid to help cover a child’s everyday living costs and it is the non-resident parents responsibility to pay maintenance to the person who the child normally lives with.

If you are the resident parent and you do not receive Income Support or income-based Jobseeker’s Allowance, you do not have to use the Child Support Agency to come to an agreement over child maintenance but it may be advisable to speak with a family-law solicitor before setting up a private arrangement.

Who Can Apply For Child Maintenance?

If you apply to the Child Support Agency for payments to be made by your spouse, or your spouse applies for a payment to be made by you depending upon where the children live, the CSA will then undertake a calculation based upon the absent parents net income.

The CSA will require him/her to pay from his/her net income every week the following rates:

  • 15 % if you have 1 child
  • 20% if you have 2 children
  • 25% if you have 3 or more children

This will not apply if your spouse is on any state benefits. If this is the case, a fixed rate of £5 per week will be payable. If you are in receipt of state benefits or will be in the future, then you will not receive the benefit of those payments, the CSA will pay them direct to the Department of Social Security.

There is a cap of £104,000 per annum and any income over and above this limit is disregarded. If your spouse’s income is in excess of £2000 per week (£104,000 per annum), or if you have to pay for additional expenses for your children such as school fees or medical expenses for a disabled child, you can apply for the court to consider this separately. However, you must first have made the application to the CSA, and the CSA will need to have issued a certificate stating that your spouses income is in excess of £2,000 per week, before an application can be made to the court for “top up” of maintenance.

Other factors that will determine maintenance include shared parenting and regular overnight contact.

Child Maintenance Calculator

If you would like to know how much maintenance might be payable please check out the CSA’s online calculator.

Your Children: What if You Cannot Agree on Custody/Residence?

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If you cannot agree on arrangements for where your child should live, you should consider attending mediation before applying to the courts.

Mediation is not appropriate if you have experienced domestic violence, if you have a disability, or have English as a second language.

Another alternative is Collaborative Law which is about making key decisions about your future all together in the same room, face to face.

Mediation

Mediation is a confidential way for you to arrive at fair, long lasting arrangements, thus reducing the pain and trauma associated with separation or divorce.

With the help of an impartial mediator, or pair of mediators, you can safely air your differences and constructively arrive at financial settlements and arrangements for children that you as a couple choose and work out, rather than having judges or lawyers making decisions for you.

Mediators do not give legal advice and do not represent individuals, although mediators can be solicitors or other professionals who deal with families. When proposals are reached, a summary is drawn up by the mediator(s) which each of you will take to your own solicitor who will consider whether to turn it into a legally binding agreement, and also take care of any other legal formalities such as the divorce itself.

How much does it cost?

If you are eligible for public funding (formerly legal aid) then you maybe entitled to free mediation. Our solicitors can advise on the costs and benefits of mediation based on your individual situation; and we can also make referrals to mediation providers such as Devon Family Solutions Ltd, located in Longbrook Street in Exeter.

Collaborative Law

Collaborative law is fairly new to the UK and is fundamentally changing the way people think about family law. For couples that genuinely seek a fair solution, and want to minimise the pain of family breakdown, it may offer the best way ahead.

What is collaborative law?

At its simplest, collaborative law is about making key decisions about your future all together in the same room, face to face. You agree not go to court and your collaborative lawyers sign an agreement with you that disqualify them from representing you in court if the process breaks down. This means they are absolutely committed to helping you find the best solutions by agreement, rather than conflict.

The benefits:

  • You set the agenda, so you talk about the things that matter most to you and your family.
  • You set the pace because you are not governed by court dates and appearances.
  • Your children will cope better with your separation if they see that you are working together.
  • The decisions are yours – they are not made by a stranger in the courtroom.

How to make it work

You must have a genuine desire to make it work, be willing to disclose information about all assets and maintain regular contact with your former partner. Rather than communicating through your solicitors, you work with them to reach the best solutions for you and your family.

How much does it cost?

Collaborative law can be cheaper than the conventional way of instructing solicitors because you use less of your solicitor’s time.

How to find a collaborative lawyer

There are only about two hundred and fifty lawyers in the UK trained to take this collaborative route, and these lawyers utilise their skills in client representation, negotiation and problem solving to help their clients shape a fair agreement.