family, parenting, children, separated parents, single parents, single mum, single dad, Archives

Children and separated parents, contact, false allegations, falsely accused, malicious allegations, family law, parenting, family court, contact order, child arrangement order, residence order, family, parenting, children, separated parents, single parents, single mum, single dad,, familylaw, familyawyer, childrenlawcoparenting, namechange, parenting, singleparent, singlemumlife, singledadlife, Separation, divorce, familycourt, familylawadvice, divorcetips, lawblog, separationsu, nofaultdivorce, familylaw, familyawyer, separation, divorce, familycourt, familylawadvice, divorcetips, lawblog, separationsupport, divorcesupport, childrenlaw, family, familycourt, legalblog, adulter, Uncategorized

How do I choose a divorce lawyer?

Choosing the right solicitor for your case is absolutely crucial. Divorce is a stressful and expensive experience and you need to ensure that you have a solicitor who provides sound legal advice and will be supportive throughout the process.

Cost will be a major consideration when deciding who you want to work with. Legal fees are expensive and charges will vary depending on the solicitor’s experience and location. Whilst some providers offer a fixed fee for undertaking straightforward elements of the case (like preparing the divorce application), most contentious work is charged for at the solicitor’s hourly rate and the amount of time it takes them.

Whilst cost is a big consideration, you should not just be lead by price alone but find the person who is the right fit for your case.

If your divorce is complicated you should consider working with a more senior solicitor, someone who is more experienced. Although their hourly rate will be higher than a more junior solicitor their experience means that they will take a strong lead on your case with less chances of delays and problems occurring.

If you have a straightforward matter you probably don’t need to instruct a solicitor with 20+ years experience and the matching hefty hourly rate.

It is not uncommon for clients to feel extremely angry and hurt when they first instruct their solicitor. Often they are furious and with their ex-partner and want to “make them pay” or “take them to the cleaners”. It is rare that conducting a case in such a way will benefit you, whilst you may get some early satisfaction at the outset conducting the matter in such a way, it is usually much better overall to resolve the separation as quickly and painlessly as possible with minimal costs. Finding a solicitor who you can trust to explain your options and guide you through that process is crucial.

When choosing your solicitor it is really important that you build a good rapport with them. Make sure when you first meet them or speak to them that you feel comfortable with them or you may find it difficult to work with them going forward. You will have to share a lot of personal information with this person and there may be some really difficult conversations along the way so having a good working relationship is crucial.

It is worth investing some time to find the right solicitor for you at the outset of your matter. If you have doubts, speak to another solicitor and see if they feel like a better fit. It can be expensive to change solicitors during the divorce process so it is best to make sure you have the right person from the beginning. A lot of solicitors offer a reduced fee or a free initial meeting or telephone call. You can usually tell quite quickly when speaking to someone if you think you will be able to work with them. They will also want to ascertain that you are the right client for them and make sure they can help you.

Remember the role of your solicitor is to provide you with legal advice, to explain your rights and obligations and guide you through that process. In most cases you will also benefit from support from a counsellor and of course also from your friends and family. Divorce is a traumatic and stressful life event. Consider using a trained counsellor help you work through the emotional side of things and support you with issues you may have with your ex-partner such as anger or mistrust. Make sure you are only paying your solicitor for their legal expertise and that you are seeking emotional support from others.

Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.

Who can register a baby’s birth?

Following the birth of a baby, there is a lot of admin involved!

Whilst your main focus is caring for this new little person, you are legally required to register your baby’s birth within 42 days of the birth at the local registry office. The requirements for registering a birth and how the parents acquire parental responsibility differs depending on the status of their relationship and their sex, so I have gone into this in some detail below.

Parental responsibility is really important. Whilst the birth mother automatically has parental responsibility from the birth, it is the second parent who must ensure that they are properly registered.If you want to be recognised as your child’s parent it is crucial you ensure that you acquire parental responsibility and if you have any doubts get legal advice so that this is done properly.

Same-sex female couples

Female couples can include both their names on a child’s birth certificate when registering the birth and can therefore both have parental responsibility.

Same-sex females who are married or in a civil partnership

Either parent can register the birth on their own if both of the following are true:

the mother has a child by donor insemination or fertility treatment; and
she was married or in a civil partnership at the time of the treatment.

They will both have parental responsibility in this scenario.

Same-sex females who are unmarried or non-civil partner parents

When a mother is not married or in a civil partnership, her partner can be seen as the child’s second parent if both women:

are treated together in the UK by a licensed clinic; and
have made a “parenthood agreement”

However, for both parents’ details to be recorded on the birth certificate they must do one of the following:

register the birth jointly; or
complete a “statutory declaration of acknowledgement of parentage form” and one parent takes the signed form when she registers the birth; or
get a court order giving the second female parent parental responsibility and one parent shows that order when she registers the birth.

There is a link to the “statutory declaration of acknowledgement of parentage form” below.

Same-sex male couples

Male couples must get a parental order from the court before they can be registered as parents.

There is a link to a “parental order” form below.

Opposite-sex couples

Opposite-sex parents who are married or in a civil partnership

Either parent can register the birth if they were married to each other in a civil partnership together at the time of the birth. Opposite-sex couples and those who are married or in a civil partnership automatically have parental responsibility when the child is born, they don’t need to be on the birth certificate to obtain this.

Opposite-sex parents who are not married or in a civil partnership

The details of both parents can be included on the birth certificate if:

they sign the birth register together (they will both need to be present); or
one parent completes a statutory declaration of parentage form and the other takes the signed form to register the birth; or
one parent goes to register the birth with a court order giving the father parental responsibility.

It is important that both parents attend the registration, if the mother attends alone the father’s details cannot be registered. It may however be possible to add them on later by registering the birth.

Helpful links:

Statutory declaration of acknowledgement of parentage form:

https://www.gov.uk/government/publications/statutory-declaration-of-acknowledgement-of-parentage-form

Application to re-register a birth and add the father’s details:

https://www.gov.uk/government/publications/application-to-re-register-a-childs-birth-and-add-the-natural-fathers-details

Details on how to get a parental order:

https://www.gov.uk/legal-rights-when-using-surrogates-and-donors/become-the-childs-legal-parent

Follow me for more family law advice and DM me if there are any particular topics you would like me to cover and I will do my best to cover them.

family, parenting, children, separated parents, single parents, single mum, single dad,

Can I change my child’s surname without telling my ex-partner?

Maybe.

The key question here is whether your ex-partner has parental responsibility or not. If they do then you MUST get their consent for any name change. Even if they don’t have parental responsibility it is usually a good idea to keep the other parent in the loop to avoid them causing difficulties later. A parent without parental responsibility but who has frequent contact with the child may be able to challenge or reverse the name change.

Name changes are one of the key decisions for children that require all of those with parental responsibility to consent. This still applies if the other parent isn’t involved in your child’s day to day life and hasn’t seen them for a long time.

Change by agreement

If everyone with parental responsibility agrees to the name change you have 2 options:

1) Make an unenrolled deed poll using a specialist deed poll agency or solicitor; or

2) Apply for an enrolled deed poll from the Royal Courts of Justice.

If you chose an unenrolled deed poll, this means that your child’s new name will usually appear on public record in The Gazette. Some organisations will only accept an enrolled deed poll as a proof of name change.

You can find more information and court forms here:

https://www.gov.uk/change-name-deed-poll/change-a-childs-name

Change without agreement

If the name change is not agreed you will need to make an application to the court for an order. You will need to apply for a “specific issue order” on Form C100.

Details on how to apply for an order can be found here:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

For your application to succeed you will need to demonstrate that, in accordance with the welfare checklist, it would be in the child’s best interests for the order to be made. The court will consider issues such as: when and the circumstances of the name change being raised and. why you want to change the name.

The child’s age will be taken into consideration by the court. For a very young child a judge is less likely to allow a name change, especially if it is to change the surname of their other parent. For an older child, 11 or over, a judge will take into account their views and at 14 the child’s view will be given a lot of weight. When the child turns 16 they are able to make an application to change their name via the deed poll process themselves.

When an application to the court is necessary to change a child’s name, bear in mind it is more likely to be successful if you don’t try to remove a surname. It is more likely to be approved if you double-barrel a surname to add in a new name that try to remove the other parents surname.

A child’s name is considered an integral part of their identity and therefore this type of application is not taken lightly by the court. You should consider obtaining specialist legal advice before making an application so that you can ensure you put together the best application you can.

Children and separated parents, family law, parenting, family court, contact order, child arrangement order, residence order, family, parenting, children, separated parents, single parents, single mum, single dad,, familylaw, familyawyer, childrenlawcoparenting, namechange, parenting, singleparent, singlemumlife, singledadlife, Separation, divorce, familycourt, familylawadvice, divorcetips, lawblog, separationsu

Does it matter if a father is named on a child’s birth certificate?

YES!

I’m often asked if it really matters if a child’s father or other parent is named on their birth certificate. In the chaos of bringing home and caring for a new baby, a trip to the registry office can fall down the list of priorities, but it is important to make sure the birth certificate is fully completed properly.

Being named on a birth certificate or not can have a big impact on a parents “parental responsibility” which I have discussed in a previous post. In brief, parental responsibility is really important, it is the legal rights and responsibilities of a parent.

You need to register your baby’s birth within 42 days of the birth at the local registry office. Most hospitals are pretty good at giving you instructions for your local process at discharge, if in doubt check your Local Authority’s website.

I am going to be addressing the position for opposite-sex couples in this blog. It is slightly different for same-sex couples, which is dealt with in the “Who can register a baby’s birth?” blog.

If the mother and father are married or in a civil partnership at the time of the child’s birth the father automatically acquires parental responsibility when the child is born.

Difficulties arise when the parents are not married nor in a civil partnership. In that scenario, the father does not automatically acquire parental responsibility, if he is not named on the birth certificate he isn’t legally recognised as the father. This has the potential do cause real difficulties for him if he wants to play a role in his child’s life.

Can the father be added to the birth certificate later?

Yes.

How this is done will depend on whether the mother agrees to his name being added and the birth re-registered. This is only relevant for unmarried, non-civil partners.

If the mother is in agreement, the birth certificate can be re-registered with the General Register Office (GRO). The mother and father will need to provide a statutory declaration to the GRO from the mother confirming that the father is the child’s father.

You can get the statutory declaration form here:

https://www.gov.uk/government/publications/statutory-declaration-of-acknowledgement-of-parentage-form

If the mother is not in agreement to the father being added, the father will need to make an application to the court seeking a declaration of parentage. This may involve a DNA test being undertaken to establish paternity if this is not accepted. Once established, the court will notify the GRO and the birth certificate will be re-registered including the father’s details. Father will not acquire parental responsibility in this case but will need to take a further step.

Parental responsibility agreement

A parental responsibility agreement (PRA) is made between the child’s father and mother and will provide the father with parental responsibility when the parents are unmarried or not in a civil partnership. A PRA is only needed where the father isn’t named on the birth certificate or his name was added via re-registration following a declaration of parentage from the court. A PRA can only be made if both parents consent to it. Once made it should be submitted to the court and then sent to the GRO.

You can get the parental responsibility agreement form here:

https://www.gov.uk/government/publications/form-cpra1-parental-responsibility-agreement

Parental responsibility order

A parental responsibility order is made by the court and will provide the father with parental responsibility. It is only necessary where the father is not named on the birth certificate and the mother is unwilling to either re-register the birth certificate with the GRO or lodge a parental responsibility agreement with the court. If a declaration of parentage has been made by a court then a parental responsibility order will also be required to give the father parental responsibility.

Details on how to apply for a parental responsibility order can be found here:

https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

Follow me for more family law advice and DM me if there are any particular topics you would like me to address and I will do my best to cover them.

family law, parenting, family court, contact order, child arrangement order, residence order, family, parenting, children, separated parents, single parents, single mum, single dad,, familylaw, familyawyer, childrenlawcoparenting, namechange, parenting, singleparent, singlemumlife, singledadlife, Separation, divorce, familycourt, familylawadvice, divorcetips, lawblog, separationsu, No fault divorce, nofaultdivorce, familylaw, familyawyer, separation, divorce, familycourt, familylawadvice, divorcetips, lawblog, separationsupport, divorcesupport, childrenlaw, family, familycourt, legalblog, adulter

When should I speak to a solicitor about my divorce.

Many people put off speaking to a solicitor because they are worried about the potential cost. Conversely, by speaking to a solicitor at the outset you are more likely to save costs in the long run as well as a lot of stress. The earlier you obtain legal advice about your separation the better. Practical advice about the divorce process and the likely outcomes for you will help you navigate the process with clarity and understanding. In my experience, couples who have both received early legal advice are more likely to reach a settlement and avoid the delay and costs excessive litigation can bring.

It is never too early to speak to a solicitor if you think your relationship is coming to an end. Burying your head in the sand will achieve nothing, facing up to the situation from an informed position will empower you to move forward and make the overall process less stressful. I often speak to people before they have made a definite decision about their relationship, but who want to explore their options and what their reality may look like of they proceed with a divorce.

Your partner or ex-partner need not know you have obtained legal advice if you decide not to proceed with the situation. The interactions you have with a lawyer will be confidential and your lawyer will be used to dealing with clients very discretely.

Just because you speak to a solicitor does not mean your case will end up in court. A good solicitor will seek to achieve the best outcome for you without litigation if possible. They will be able to support you through the mediation process and work with you to achieve an agreed outcome with your ex-partner.