Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

FAQs

My partner and I have been thinking about separating. We can't agree whom the children should live with. Can we get some advice and help?
Yes. Hartnell Chanot & Partners specialise in helping couples in this position and offer free initial advice. Mediation is available to provide a neutral forum for discussions and counsellors provide additional support. You can also obtain a copy of the Governments booklet " Putting Your Children First", a handy guide for all parents in the process of separating.

What legislation covers issues like contact with children?
Section 8 of The Children Act 1989. There is also case law from previous court decisions that assist judges in making their decisions based on the legislation.

I don't want my children to spend time with my ex partner's new partner. What can I do to stop it?
In the first instance seek advice from a specialist family solicitor.

Are family law proceedings always contentious?
No. Many disputes are settled through mediation and negotiation.

My ex-partner is not sticking by the contact arrangements we agreed between ourselves. What should I do?
Seek advice from a specialist family solicitor about obtaining a contact order setting out the arrangements. This will involve an application to the court.

My ex-partner is not sticking by the contact arrangements as set out in the court order. What should I do?
Go back to your solicitor and ask for the court order to be enforced by bringing it back before the court.

What is "arbitration"? Where can I find out more?
There is no such thing as "arbitration" in family law. Couples are referred to "mediation" which is a form of round-table discussion with an independent mediator.

I can't afford to employ a solicitor - do I have other alternatives?
Yes. We offer a free half an hour consultation and if you choose to see a solicitor who undertakes publicly funded work you can be assessed for Legal Aid and other forms of funding.

Am I eligible for legal aid?
Possibly. We have a link to The Legal Services online calculator from our website www.hartnellchanot.co.uk- it will help you determine if you are eligible.

I am the sole carer of my children. What happens to them if I die?
If you have not made provision in a will to appoint a guardian your next of kin will be considered as carers. The appointment of a Guardian in a will is an expression of a wish that can be challenged in the courts.

I want to see more of the children, but my ex-partner won't agree. What can I do?
Mediation may be an initial option, as might assistance from Cafcass if you are involved in court proceedings.

My children are saying they want to live with me. I would like this, but my ex-partner won't agree. What can I do?
Obtain legal advice from a specialist family solicitor as to whether it is appropriate to seek a residence order.

Is it true that courts will always grant custody of children to the mother?
No. Residence is decided in the best interests of the children.

Is it true, that if we get divorced, the wife will get the house and all the money?
No. Every case is different and the courts try to establish what is fair in the circumstances.

I've heard a lot about CAFCASS. Who are they and what do they do?
Cafcass is the "Children and Family Courts Advisory and Support Service".They undertake the role of an independent advisor to the court and assist the court by providing reports on family circumstances and children's wishes and feelings.

My ex partner is moving abroad with my children. I am scared that I might never see them again. Can I stop her/him going?
Anyone wishing to move abroad permanently and take children with them requires either the permission of all those people with parental responsibility or the court before they go. If you do not consent you could apply for a prohibited steps order whilst the matter is decided.

I don't think my ex-partner is looking after our children very well. I am worried about them. Where can I go for help and advice?
It may be appropriate to seek help and support from your local Social Services department. Alternatively seek legal advise from a specialist family solicitor.

My ex-partner is refusing to pay anything towards the up bringing of our children. Can I make her /him pay and where do I go for help and advice?
Yes. Either apply to the CSA (Child Support Agency) or seek advise from a specialist family solicitor.

What is Family Court like - will there be a judge and a jury?
There is a judge who is unrobed, usually dressed in a suit. There is no jury and the public are excluded. Most hearings are conducted in small hearing rooms.

Will my children have to go to court?
No. Children are only required to go to court in very exceptional circumstances.

Can I change solicitors?
Yes. If the trust and relationship between you and your present solicitor has broken down you can seek the advice of a different solicitor. If you are legally aided the Legal Services Commission must grant permission for the change.

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