Children disputes

Most people recognise the potentially damaging effect of litigation on a child and family relationships generally and at Martin Kaye we recommend the use of negotiation and agreement to resolve difficulties.

We encourage the use of mediation if the parties are willing to enter into that process and which can sometimes provide a much quicker and cheaper solution. If an agreement is reached during mediation, then we can advise you of the legal consequences and help you draft the voluntary agreement so that everybody is clear where they stand.

In some cases it is inevitable that an application will need to be made to the Court under the Children Act 1989, and the Court will always consider the welfare of the child as its paramount consideration when deciding whether an Order is appropriate. The types of Orders which we can apply for are:

  • residence and contact orders
  • specific issue orders - for instance a dispute as to where the child should go to school, or what religion it should follow
  • prohibited steps order - for instance to prevent the removal of the child from the jurisdiction
  • parental responsibility orders - applicable to give the father full rights where the father of the child was not married to the mother, and the child's birth was registered prior to 1 December 2003

We can advise you on the most appropriate application to make, will prepare the necessary paperwork and ensure you are represented at the various hearings.

We are members of the Law Society Children Panel, meaning we have specialist expertise in dealing with this area of work and are able to represent both parents and children.

For more information please contact Gemma Himsworth on 01952 525915 or via email.