Search Results for: consent

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Consent Orders

Relevance: 100%      Posted on: 25th June 2018

This information page provides advice on the subject of 'consent orders' which are used in the family court as a means to formalise an agreement which has been reached. This page will explain in further detail what a consent order is, how to apply for a consent order and what to expect of the court process.  What is a Consent Order?  It is often the case that parents will reach an agreement regarding contact and residence. However, informal agreements are not automatically legally binding and therefore there are limited means of recourse if the opposing parent acts in breach of…

Changing a child’s surname

Relevance: 9%      Posted on: 29th January 2019

This information page will explain the process to change a child's name via deed poll. This includes the requirement to obtain consent and the options available if consent is not forthcoming.  What is a deed poll?  A deed poll is a legal document that proves a change of name. A person with parental responsibility for a child is able to change any part of that child's name. For example, a person with PR can change a child's forename, surname (or both), add names, remove names, and change the spelling of their name.  What is a "known as" name? It is…

Parenting plans

Relevance: 8%      Posted on: 17th June 2019

What is a parenting plan? A parenting plan is a voluntary, written agreement between parents (and can include grandparents and other family members). The plan covers practical issues in relation to the children such as living arrangements, education, healthcare and finances and it aims to assist parents in resolving arrangements amicably and informally. Cafcass parenting plan Cafcass (The Children and Family Court Advisory Support Service) have produced a parenting plan template which is accessible online and accompanied by a guidance document. Of course, there are other templates which can be accessed online with a quick Google search or parents are…

Surrogacy

Relevance: 8%      Posted on: 19th October 2017

This page provides advice on the law relating to surrogacy including the different types of surrogacy and who is regarded as the legal parent(s) of the child at the time of birth and for the future. 

Dealing with Parental Responsibility disputes

Relevance: 7%      Posted on: 31st May 2016

Schools can sometimes find themselves in the middle of disputes between parents. This information page is to provide advice to schools on parental disputes and relevant court orders.

Dealing with Parental Responsibility disputes

Relevance: 7%      Posted on: 27th May 2016

Schools can sometimes find themselves in the middle of disputes between parents. This information page is to provide advice to schools on parental disputes and relevant court orders.

Travel and Relocation

Relevance: 7%      Posted on: 8th June 2018

This information page provides information on domestic & international travel and relocation. It will provide advice on the circumstances which require consent to be provided in order to travel domestically or internationally with a child and the options available if consent is not provided. Introduction NOTE: This information page provides the general legal position. There are circumstances in which a court order has terms included which are specific to the case in question and contradict the general legal position explained below. Therefore, consult the court order first (if there is a court order in place) as this will take precedence. …

Family mediation

Relevance: 6%      Posted on: 21st May 2015

This page explains the process of family mediation, when mediation is necessary and the expected standards of a family mediator.

School powers to search and screen pupils

Relevance: 6%      Posted on: 11th April 2016

This page provides information on the powers of schools to screen and search pupils for prohibited items with and without their consent and the power to seize and confiscate items from pupils.

Explaining the legality of a Child Arrangements Order

Relevance: 6%      Posted on: 17th June 2019

What is a Child Arrangements Order? A Child Arrangements Order is an order that regulates with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person.  Each Child Arrangements Order is decided on the circumstances of the individual family and on what is in the best interests of that particular child. This means that there is no such thing as a ‘usual’ arrangement. Child Arrangements Orders are governed by section 8 of the Children Act 1989. For information on applying for a…

Declaration of parentage

Relevance: 6%      Posted on: 27th May 2015

This how to guide explains the steps that you can take to resolve a dispute about a child’s paternity including how to apply for a Declaration of Parentage stating who a child’s legal parents are.

Marriage and Civil Partnership

Relevance: 6%      Posted on: 17th June 2016

This page explains the law on marriage and civil partnership. It provides information on the rights, responsibilities and obligations of parties to a marriage and civil partnership.

Alternatives to ending a marriage or civil partnership

Relevance: 6%      Posted on: 17th June 2016

This guide provides information on the alternatives to ending a marriage or civil partnership which are annulment and judicial separation. It explains the grounds and the process.

Register and re-register a child’s birth

Relevance: 6%      Posted on: 14th August 2018

General Information Parents of a new-born child are legally required to register the child's birth in order to obtain a birth certificate and give him/her an official identity.  A child's birth must be registered within 42 days of his or her date of birth and the birth should be registered at the local register office for the area where the child was born.  Further information can be found here: www.gov.uk/register-birth Married parents Either parent can register the birth if they were married to each other at the time of the child's birth. The birth certificate will include both parent's details. …

Wardship

Relevance: 5%      Posted on: 22nd May 2015

This page explains the situation where the High Court can become a legal guardian for a child under the power of Wardship.

Litigation Friends

Relevance: 5%      Posted on: 30th July 2018

Litigation friends are required when a person lacks capacity to participate in court proceedings. This information page will explain who can be a litigation friend, specifically which circumstances require a litigation friend to be appointed and how to apply to be a litigation friend.  Introduction An individual who is involved in court proceedings (a 'litigant') must have the capacity in order to conduct those proceedings. In other words, a litigant must be able to participate in the proceedings insofar as being capable to convey their position, complete paperwork and understand the decisions of the court.  Children under the age of…

Removal from Jurisdiction

Relevance: 5%      Posted on: 22nd May 2015

This how to guide explains the steps that you can take to lawfully move abroad with a child, including what the courts will consider under a Removal from Jurisdiction application.

Adoption (non-agency)

Relevance: 5%      Posted on: 17th August 2018

This page explains the legal process of non-agency adoption which involves placements that have not been arranged by a local authority or registered adoption agency. It explains who can adopt a child, what is process in order to apply for non-agency adoption and post-adoption contact.  What is non-agency adoption Non-agency adoption is the name given to adoption applications which involve a child who has not been placed with the prospective adopter by an adoption agency.  The principal categories of non-agency adoption are: Step-parent adoption (application by the partner of the parent of a child) Applications by local authority foster carers Applications…

Direction off-site for the improvement of behaviour

Relevance: 5%      Posted on: 13th June 2019

This page outlines the power a school has to direct a pupil off-site to receive alternative educational provision in order to improve their behaviour.  Introduction  Section 29A Education Act 2002 is the relevant legislation in this area and this states the following:  “The governing body of a maintained school in England may require any registered pupil to attend at any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.” The legislation above does reference maintained schools and not academies. However, academies do have the power to direct…

Privacy Notice

Relevance: 5%      Posted on: 24th May 2018

Introduction This Privacy Notice describes the types of personal information The Child Law Advice Service collects, why we collect it, how we use it, the conditions under which we may disclose it to others, how long we keep it for, how we keep it secure, and what your rights are in relation to your information. Any questions regarding this Privacy Notice and our privacy practices should be sent by email to CLAS@coramclc.org.uk or by writing to CLAS Manager, CCLC, Wellington House, 90-92 Butt Road, Colchester, Essex, CO3 3DA.  Who we are The Child Law Advice Service provides legal advice and…

Sexting

Relevance: 5%      Posted on: 9th September 2016

This page provides information on the law relating to child sexting or sharing indecent images or texts of children and contains advice on what to do if your child has been involved in sexting.

Managed Moves

Relevance: 5%      Posted on: 23rd December 2015

This page explains the circumstances in which a school can agree with a pupil and their parents/carers for the pupil to move schools or change their educational programme. It explains what this will involve and what might be included in a managed move agreement.

Hearings in the Family Court

Relevance: 4%      Posted on: 15th September 2015

This page explains the different types of hearing that you might have in private family law cases, including the First Hearing Dispute Resolution Appointment, fact finding hearings and final hearings.

Parental responsibility

Relevance: 4%      Posted on: 27th May 2015

This page explains the law on parental responsibility, what this means in practice and how a person can acquire parental responsibility.

Parental responsibility

Relevance: 4%      Posted on: 22nd May 2015

This how to guide explains the steps that you an unmarried father or step parent can take to get Parental Responsibility for a child including how to apply to remove Parental Responsibility.

Abduction

Relevance: 4%      Posted on: 19th May 2015

This page provides information on abduction and the unlawful removal of a child from the UK including how to prevent abduction, what to do if a child is abducted and how to lawfully remove a child from the UK.

Section 20 accommodation

Relevance: 4%      Posted on: 12th June 2015

This page provides information on the duties of the Local Authority to provide accommodation to children under the age of 16. It includes information of how the Local Authority will assess a child and the types of accommodation that can be provided.

Radicalisation in schools and The Prevent Duty

Relevance: 4%      Posted on: 8th February 2016

This page provides information on the Prevent Duty placed on schools to safeguard pupils from radicalisation and being drawn into terrorism. It includes government definitions on terrorism, radicalisation and extremism and explains the obligations of schools to assess risk, train staff, educate pupils and refer to the Channel programme when there is a need for intervention.

Ending a Civil Partnership

Relevance: 4%      Posted on: 17th June 2016

This page provides information on dissolving or ending a civil partnership including the grounds and reasons for ending the civil partnership, how to make an application and information on the overall process.

Residence

Relevance: 4%      Posted on: 22nd May 2015

This page explains the law on deciding where a child is to live including the different types of living arrangements and explaining the family court orders for residence.

Managing behaviour in school

Relevance: 4%      Posted on: 27th May 2016

This page provides information on the powers of schools to discipline their students for example the use of detention, seclusion or isolation, searching and screening students and reasonable use of force.

Managing behaviour in school

Relevance: 4%      Posted on: 31st May 2016

This page provides information on the powers of schools to discipline their students for example the use of detention, seclusion or isolation, searching and screening students and reasonable use of force.

Divorce

Relevance: 4%      Posted on: 17th June 2016

This page provides information on divorce including the grounds and reasons for divorce, how to make an application and information on the overall process.

Arranging managed moves

Relevance: 4%      Posted on: 27th May 2016

This page provides information and advice on best practice for arranging a managed move for a pupil.

Arranging managed moves

Relevance: 4%      Posted on: 31st May 2016

This page provides information and advice on best practice for arranging a managed move for a pupil.

Supervision orders

Relevance: 3%      Posted on: 2nd March 2018

This page provides information on the powers of the local authority to take action to protect a child under a Supervision Order. What is a Supervision Order? A Supervision Order imposes a duty on the local authority to ‘advise, assist and befriend’ the child. It may require a child to live in a specified place, do certain activities and report to a particular place at a set time. A supervision order can last for one year, and may be extended yearly to a total of three years. It will last until the child reaches the age of 18, unless discharged…

Discipline within school

Relevance: 3%      Posted on: 9th June 2016

This page explains the law on barring a parent from entering the premises of a school including how a parent can make representations about this and the consequences of breaching a bar.

Direct payments

Relevance: 3%      Posted on: 29th May 2015

This page explains the rules surrounding direct payments by the local authority to help with meeting a child’s needs.

The Welfare Checklist

Relevance: 3%      Posted on: 22nd January 2018

The overriding consideration in family proceedings is the question of "what is in the best interests of the child/children?" In answering this question, the court and other professionals are guided by a criteria known as the Welfare Checklist. This page will set out where the Welfare Checklist can be found in statute and will focus on each criterion in greater detail.  Where can I find the Welfare Checklist? The Welfare Checklist can be found in Section 1 of the Children Act 1989.  The Welfare Checklist Criteria 1. The ascertainable wishes and feelings of the child concerned (considered in the light of…

Residence

Relevance: 3%      Posted on: 23rd July 2015

This how to guide explains the steps that you can take to have a child live with you including how to apply to court for a Child Arrangements Order for residence.

Understanding home education

Relevance: 3%      Posted on: 31st May 2016

This guide aims to clarify the law on home education, in particular any procedures parents must comply with if they wish to home educate, in which circumstances home education is not permitted and services available for parents who select this option.

The role of Cafcass

Relevance: 3%      Posted on: 15th September 2015

This page explains the role of the Children and Family Court Advisory and Support Service in the court process, including the safeguarding checks that they carry out and explaining section 7 reports.

Type of Family Law Orders

Relevance: 3%      Posted on: 17th June 2019

Private Children Law Orders Type of order Description Application form Guidance form Costs Child Arrangements Order Section 8 Children Act 1989 A Child Arrangements Order decides the arrangements for whom a child is to live with, spend time with or otherwise have contact with and when a child is to live, spend time or otherwise have contact with any person. C100 CB1 £215 Child Arrangements Order (Consent Order) If an agreement can be reached regarding the arrangements for a whom a child is to live with and spend time with then a Consent Order can be applied for. Consent Orders…

Legal Aid for family law matters

Relevance: 3%      Posted on: 6th November 2015

This page provides information on getting help to pay for legal costs for family matters. It explains what legal aid is, when it is available and the type of help it covers. It also provides information on the evidence needed for legal aid in private disputes about arrangements for children.

Understanding home education

Relevance: 3%      Posted on: 27th May 2016

This guide aims to clarify the law on home education, in particular any procedures parents must comply with if they wish to home educate, in which circumstances home education is not permitted and services available for parents who select this option.

Contact

Relevance: 2%      Posted on: 23rd June 2015

This how to guide explains the steps that you can take to get contact with a child including how to apply to court for a Child Arrangements Order for contact.

Care orders

Relevance: 2%      Posted on: 1st March 2018

This page provides information on the powers of the local authority to take action to protect a child who is suffering harm or at risk of suffering harm. This page focuses on the Care Orders and their implications. What is a care order? Where a child is made subject to a Care Order, the Local Authority is given Parental Responsibility and will share it with current Parental Responsibility holders, for example, the child's parents. However, the Local Authority can exercise their Parental Responsibility above that of current Parental Responsibility holders insofar as necessary to safeguard the welfare of a child. …

Child abuse

Relevance: 2%      Posted on: 19th August 2015

This page explains the legal definition of child abuse and the obligations of Children’s Services to investigate child protection concerns. It explains the different steps that Children’s Services can take to protect a child.