Child Care Law FAQ Child Care | People | Fact Sheets | Legal Aid |

Solicitors from Burnetts, Carlisle, Cumbria answer your frequently asked questions on legal issues with children:

Do I have to come in to see you?

If you are seeking legal advice it is usually best to arrange an appointment to see a solicitor / legal adviser so we can discuss matters fully. We  will advise you about your position, what advice you might take and your legal costs including the availability of legal aid.

Can you explain Parental Responsibility?

Parental Responsibility (PR) means all the rights, duties, powers, responsibilities and authority which, by law, a parent of a child has, in relation to the child and his property.

When a child is born, the mother automatically has parental responsibility. If the parents are married, both parents automatically have parental responsibility.

If a child is born to unmarried parents and the birth is registered after 1st December 2003 with both parents’ details, this also gives the father parental responsibility.

Otherwise parental responsibility can be obtained by way of a parental responsibility agreement entered into amicably by both parents or a parental responsibility order made by the court.

What is a Residence Order?

A Residence Order specifies the person with whom a child will live.

When the court makes a Residence Order in favour of someone who is not the parent or guardian of the child concerned, that person will have parental responsibility for the child while the Residence Order remains in force.

What is contact?

Formerly known as “access”, contact refers to any communication or meeting between a child and his / her family. This can include contact by letter, phone (“indirect contact”) as well as actual visits (“direct contact”).

The family court’s view of contact is that it is the right of a child and is usually in the best interests of a child.

A contact order is an order requiring the person with whom a child resides, or is to reside with, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other.

I’m worried about the safety of my children. Why can I do?

If you have any concerns about the physical or emotional welfare of your child, contact Children’s Services as soon as possible.

If you believe the child’s welfare needs would be best met by you, you should then seek legal advice with a view to making an application to the court for a relevant order.

(The Children’s Services department of the local authority combines the old Social Services and Education departments with other children’s services)

Children’s Services want to speak to me about my child. What should I do?

If Children’s Services wish to speak to you about your child, you should co-operate fully with them.

If Children’s Services have received a referral or are concerned about a child’s welfare, they have a duty to investigate the concern.

If the investigation raises no concerns for Children’s Services, that will usually be the end of the matter.

Should Children’s Services have concerns about the welfare of your child / children, they may call a “case conference” where you will be invited to attend a meeting with people involved with your family like a teacher, health visitor, midwife or the police to discuss the concerns.

You can take someone with you to the meeting and this may be a legal adviser /solicitor.

A decision will be made at the case conference as to whether your child’s name is to be places on the child protection register. If it is registered, a review conference (usually 3 – 6 months ahead) will be fixed.

What is family mediation and how does it work?

Mediation involves the parties talking together with an independent and impartial mediator to try to resolve their differences.  The mediator does not give advice nor do they impose decisions – their role is simply to facilitate the parties’ discussion.

How do we work out the child maintenance?

It is usually best to try and agree a figure. The Child Support Agency has a calculator on their website to give you a guide.

What is the CSA and what are its powers?

The CSA (Child Support Agency) assesses the liability of absent parents to pay child maintenance and the CSA also collects the assessed maintenance.  The CSA has power to impose interim assessments where absent parents do not provide information about their finances and the CSA can also deduct maintenance direct from earnings and pursue other enforcement action.

If maintenance has been agreed between the parents does the Child Support Agency have to become involved?

The CSA will automatically become involved if the parent with the care of the child is in receipt of Income Support, otherwise the CSA is only involved at the request of one of the parents.

How do I go about adopting my step-children?

It is becoming less common for step children to be adopted by a step-parent because the family court believes that children have a right to a relationship with both parents and their respective families. Adoption is often seen as an attempt to cut those ties and so may not be in the best interests of a child who is being brought up by a parent or close relative.

The Children & Adoption Act 2006 made it easier for step-parents to gain parental responsibility (explained above). This is now the recommended route for step-families looking for the stability and security which adoption would have brought.

For Frequently Asked Questions about divorce or separation, please visit the Divorce / Separation FAQ

If you have questions about these or any other issues, please don't hesitate to contact the child care law team on 01228 552222 or by email.