What does safeguarding a child mean?

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Safeguarding a child refers to the actions and measures taken to make sure a child is safe and healthy, and to protect them from harm, abuse, and neglect.

Safeguarding can be carried out by parents, carers, and families. It can also be carried out by anyone who comes into contact with children, including teachers and doctors, volunteers, community members, and statutory bodies like the Police and local authorities.

Safeguarding is considered everyones responsibility. In England and Wales, safeguarding is supported by legislation such as the Children Act, which ensures the welfare of children is promoted and protected.

At what age can a child decide they don't want to see a parent?

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Until the age of 16, a court can make contact and living arrangements in respect of a child. However, as a child gets older, their wishes and feelings must be taken into account when investigating why the child doesn’t want to see a parent.

The older and more mature the child is, the more weight is given to their views especially if the refusal is clear, consistent, and based on well considered reasons.

Once a child reaches 16 years of age, they can generally decide for themselves whether or not they wish to have contact to a parent, unless there are exceptional circumstances to extend the age limit.

How long does divorce anxiety last?

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Divorce anxiety refers to the intense feelings of stress, fear, worry, and uncertainty that many people experience during or after the end of a marriage or civil partnership. The anxiety can last anywhere from several weeks to a couple of years, depending on various factors.

Divorce anxiety can often be effectively managed with self-care, a strong support network of friends and family, access to counselling and therapy, and using legal professionals to address practical issues such as childcare arrangements, housing, and resolving financial matters.

Divorce anxiety is a common and normal response to the significant changes and uncertainties that come with ending a relationship.

What is a breach of a Child Arrangements Order?

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A breach of a Child Arrangements Order occurs when either parent does not comply with the terms of the Order. This can include not making the child available for contact with the other parent, or acting contrary to the instructions in the Order.

A breach can also include failing to attend for contact with the child at the ordered times., or unilaterally making alterations to the Order such as consistently returning the child home late.

Any action that goes against the Order especially intentional and significant breaches, are taken seriously by the courts because a Child Arrangements Order is legally binding and designed to protect the best interests of the child.

Can I draft my own Financial Consent Order?

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A Financial Consent Order is a legally technical document that requires precise language and must comply with legal requirements. Vague or unclear language, mistakes and omissions can result in the court rejecting the order.

It is important to note that once a Consent Order is approved by the court it becomes legally binding and can rarely be changed even if errors are discovered later.

Whilst there is no legal requirement for a legal professional to prepare a Financial Consent Order, doing so as a litigant in person carries risks. By instructing a legal professional you will save time and money as they will ensure the Order contains the correct clauses, complies with the law, and accurately reflects the terms and intentions of the financial agreement reached.

What is a civil partnership?

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A civil partnership is a legally recognised relationship that can be formed between two people of either the same-gender or opposite-genders when they register as civil partners of each other.

To enter a civil partnership in the United Kingdom, both individuals must:

Be at least 18 years old.

Not already be married or in a civil partnership.

Not be closely related. And enter into the partnership freely and without duress.

A Civil Partnership cannot be formed during a religious ceremony, although couples may arrange a religious blessing afterwards if they wish. A couple can exchange rings, other meaningful objects, or nothing at all, as it is not a legal requirement and entirely optional.

Am I entitled to my common law partners pension?

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Unless you are married or in a civil partnership, a common law partner will not have the same automatic rights to their partners pension in the way a spouse or civil partner would.

Cohabiting couples are not entitled to benefit from their partner’s Private or State Pension, regardless of how long they have lived together.

Entitlement to pension sharing only applies to married couples or civil partners when a relationship breaks down.

Some occupational and private pension schemes allow members to nominate a cohabiting partner to receive a survivors pension or lump sum if they die. However, this is not automatic and depends on the specific pension schemes rules.

What is a recital in a consent order?

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A recital in a consent order is a section that sets out the background, reasoning, and intentions behind the parties agreement, and can help interpret the order if disputes arise in the future.

Recitals are distinct from legally binding obligations that the parties must follow. The role of a recital is to set the scene, clarify the parties intentions, and help with interpretation.

What is considered a breakdown in marriage?

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A breakdown in marriage is where one or both spouses consider their marriage to have irretrievably broken down. This means the relationship has ended to the point where they no longer wish to live together, and their relationship is broken beyond repair.

A breakdown in marriage applies equally to civil partnerships, and is where there is no hope of reconciliation no matter how much therapy or counselling a couple receives.

Can I refuse to complete a Form E?

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Outside of court proceedings, there is no legal obligation to complete a Form E. A voluntary refusal to do so is likely to result in court proceedings being started as it may appear that you are uncooperative and have something to hide.

Once court proceedings for a financial remedy are commenced completion of a Form E is mandatory as a Court will order you to do so within a specified period of time. A Court has the power to add a prominent warning to a Court Order (a Penal Notice) stating that failure to comply with the order could lead to contempt of court.

Any refusal to comply with a Court Order can lead to serious consequences such as fines, cost orders being made against you, or even imprisonment for contempt of court.

family law specialist

The Family Law Specialists is the trading name of The Family Law Specialists Limited, a private limited company registered in England & Wales under company number 15318261 with the registered office at, 128 City Road, London, EC1V 2NX. We do not accept service of proceedings. © The Family Law Specialists. All rights reserved.

This website is not intended to offer legal advice so do not act upon any of its content without taking specific advice.

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