Category: News

Many people are curious about family law section 8 because they directly impact child welfare, offering more information about living arrangements and parental responsibilities. Those who aren’t in the know about this order may ask ‘what is a section 8 order in family law?’

What is Section 8 of the Children and Families Act 2014?

Section 8 of the Children and Families Act 2014 amends the Children Act 1989 to include orders such as Child Arrangement Orders, Prohibited Steps Orders, and Specific Issue Orders. Section 8 of the Children and Families Act 2014 explains how children in local authority care should stay in touch with their families or important people. It sets the rules and responsibilities for keeping these connections while the children are in care.

What is a Section 8 court order?

A Section 8 court order will decide who a child will live with or see, stop certain actions without court approval, and settle disputes about the child’s upbringing. They help parents resolve conflicts relating to matters such as education and medical care. The main goal is to make sure the child’s well-being is the top priority in legal decisions.

Who is entitled to apply for a Section 8 order?

Those entitled to apply for a Section 8 order include parents, guardians, and individuals with parental responsibility. This typically includes mothers, married fathers, and others who have acquired parental responsibility through legal means. Additionally, individuals holding a residence order or those with the consent of someone with a residence order can apply directly. Others may need to seek the court’s permission before applying.

How long does a Section 8 order last?

The length of a Section 8 order depends on the type of order and the situation. Usually, these orders last until the child turns 16, or sometimes 18. However, the court can decide on different time limits based on what the child needs and the specifics of the order. In cases like these, it is best to contact legal professionals to get more information on your personal situation and circumstances.

What is a Cafcass report?

A Cafcass report, also called a Section 7 report, is a detailed document made by the Children and Family Court Advisory and Support Service (Cafcass) for Section 8 orders. The court asks for this report to look into the child’s well-being. It includes details about the child’s situation, the parents’ views, and other important background information. The Cafcass officer will suggest to the court what orders would be best for the child.

Contact Mark Reynolds Solicitors today

At Mark Reynolds Solicitors, we help with family law issues by providing expert legal advice and representation. We guide you through the process, from collecting evidence to presenting your case in court.

If you need legal advice, help with applications, gathering evidence, or court representation, contact us today. For more information or to discuss your case, call us at 0800 002 9577 or visit our website.

People who find themselves in situations where they need legal protection or clarification around living arrangements may not know where to turn to. In cases like these, individuals may find themselves asking ‘what is an occupation order in family law?’

Why would someone get an occupation order?

Individuals may get an occupation order if their safety is compromised in cases such as domestic abuse or violence. A family law occupation order can safeguard the victim by getting the abuser away from the home.

An occupation order can also be used in circumstances where people living in a home can’t agree on who should live in the property, as it offers clarity and legal support. For example, it can contain details on who exactly is allowed to live in specific areas of the property and detail the conditions of this arrangement.

When the welfare of children is brought into the equation, an occupation order can help them have secure and safe living conditions.

An occupation order is only permitted when the court comes to an agreement by weighing up relevant factors such as the housing needs and behaviour of each person, including if these individuals pose a danger to the applicant or any children if the order isn’t allowed.

What is an occupation order?

An occupation order is defined as a legal measure that’s used to clarify who can live in a property, usually in cases of domestic abuse or disputes over who should live in the property.

According to the Family Law Act 1996, an occupation order has the potential to enforce the right to remain in the property, exclude someone from the property, regulate the use of the property, and require someone to leave the property.

How long does an occupation order last?

There is no set period for a family law occupation order to last as an occupation order is granted for a certain timeframe. These orders don’t normally last more than 6 months. However, the court has the power to extend the order in special cases.

What evidence do I need for an occupation order?

Evidence is required to obtain an occupation order, which will be presented to the court. In cases of domestic abuse, you’ll need to provide a statement with details about when the abuse occurs, including the first, worst, and most recent occurrences. This also extends to if there is a pattern of controlling behaviour.

Other evidence that is required includes statements from friends or family members who witnessed the abuse, if relevant. Information about the property also needs to be handed over, such as whether it is owned or rented, who is in charge of paying the mortgage or rent as well as the housing requirements of those involved, especially where children are present.

Contact Mark Reynolds Solicitors today

At Mark Reynolds Solicitors, we can assist in sorting issues around family law by offering expert legal advice and representation. We help you navigate the process from gathering evidence to presenting a strong case in court.

If you are seeking legal advice, application assistance, help with evidence gathering or court representation, contact us today. For more information or to discuss your case, phone us on 0800 002 9577 or visit our website.

Family disputes can be very emotionally charged, which sometimes makes it difficult to sit down and have the calm and constructive discussions needed to resolve issues.

However, it’s in the best interests of all parties if family disputes can be resolved amicably, particularly when children are involved.

Family law mediation is a process where families can sit down together and negotiate future arrangements with the help of a neutral third party called a mediator.

In this article, we’ll learn more about the purpose of family mediation and what the process involves.

What is the purpose of family mediation?

Family law often requires parties to come to an amicable agreement so that their case can move forward. The agreement could involve divorce settlements, child arrangements, parental responsibility, and other related matters.

Family mediation aims to help families negotiate arrangements and resolve disputes amicably so that they don’t have to go to court.

During mediation, a third party, known as a mediator, facilitates communication between the parties to help them reach a mutually amicable agreement.

Attending mediation can help families gain more control over arrangements than they would if the case went to the courts. It can also help to improve communication between parties and resolve disputes quickly and affordably.

What is the mediation process in family law?

Before you can access family mediation services, you will need to attend a meeting called a Mediation Information and Assessment Meeting. During this meeting, you will learn more about mediation and whether it’s right for you.

Mediation sessions usually last one to two hours and are held by a mediator. During the session, the mediator acts impartially and helps both parties work through their issues together and consider the different options available to them. Sometimes, more than one mediation session is required to come to an agreement. Once an agreement has been reached, the mediator writes it down in a Memorandum of Understanding.

Agreements made in mediation are not legally binding but may be used later in court.

Who pays for family mediation?

According to the Family Mediation Council, the average cost of mediation in the UK is £140 per person, per hour. However, this price can vary depending on the service used.

You may be able to receive mediation for free or access help covering the cost if you are on a low income and qualify for Legal Aid. Legal Aid is a type of means-tested government funding. You must be able to provide proof of your current financial situation to demonstrate your eligibility.

At Mark Reynolds Solicitors, our team of specialist family law solicitors have helped countless families in the North West to resolve disputes amicably.

If you need legal advice or family mediation services, contact us today to learn more about our family law services.

In family law, an undertaking is a useful tool for resolving disputes and formalising agreements amicably without the need for a court order.

In this article, we’ll answer the question; ‘What is an undertaking in family law?’, explaining the difference between an order and an undertaking as well as the consequences of breaching an undertaking.

What are undertakings in family law?

An undertaking is a legally-binding promise made voluntarily by a person to the court.

In family law, undertakings are often made during legal proceedings in cases concerning divorce, child custody, and domestic violence.

An undertaking is usually a promise to do or refrain from doing something or to pay money.

They’re usually made in circumstances where the family court does not have the power to make an order.

What is the difference between an order and an undertaking?

Once an undertaking has been made, it’s legally binding and has many of the same effects as a court order.

The main difference between an order and an undertaking is that an undertaking cannot be imposed; it can only be made voluntarily with the consent of the party making it.

Is an undertaking the same as a non-molestation order?

A non-molestation order is a formal court order that prohibits one party from molesting another, whereas an undertaking is a voluntary promise made by a party to the court.

While both an order and an undertaking can be used to address issues like harassment and violence, they do not have the same automatic powers.

If a non-molestation order is breached, the party in breach can be immediately arrested and face criminal charges.

While breaching an undertaking can have serious consequences, it is not a criminal offence, and there is no power of arrest attached.

Common examples of undertakings in family law

Let’s examine some common scenarios when undertakings are made in family law to understand better where one might be applied.

• Non-molestation – One party might undertake not to contact, harass, or come within a certain distance of the other party or their children
• Asset protection – A party might undertake not to sell, mortgage, or otherwise dispose of marital assets during the divorce proceedings
• Property vacating – One party might undertake to vacate the family home by a certain date
• Child relocation – A parent might undertake not to take the children out of their current school or local area or travel abroad with them without the other parent’s permission
• Payment of bills or debts – After the financial aspects of a divorce are settled, one party might undertake to continue paying household bills or shared debts

What happens if an undertaking is broken?

An undertaking represents a legally binding promise, and breaking one can have serious consequences. Depending on the circumstances, breaking the promise you make in an undertaking could result in imprisonment or an unlimited fine.

Why choose Mark Reynolds Solicitors for family law?

At Mark Reynolds Solicitors, our team of specialist family law solicitors have helped countless families in the North West to resolve disputes amicably.

If you need legal support or advice regarding undertaking family law or any other family law matter, contact us today for a free consultation.

Consent orders play an important role helping families going through a divorce, or separation, to formalise arrangements for how children will be looked cared for.

In this article, we intend to answer the question; ‘What is a consent order in UK family law?’, explaining what a consent order is used for, and how much it costs to apply for one.

What is a family consent order?

A consent order is a legally binding document that formalises an agreement between parties about how a child will be looked after.

They’re often made after a divorce or separation to formalise an agreement about a child’s care, and are used to agree on details about where the child will live, when they will spend time with each parent, and when and what other types of contact can take place.

A consent order must be signed by both parties, and approved by the court, to be legally binding and enforceable.

What happens if a parent breaks a consent order?

If one parent breaches the terms of a consent order, the other parent may apply to the court requesting it enforces the order.

The court will examine the facts, and depending on the situation, it might make an enforcement order or an order for compensation for financial loss.

An enforcement order means the person in breach of the order must complete between 40 and 200 hours of unpaid work.

An order for compensation for financial loss will require the parent in breach to reimburse any financial losses you’ve incurred as a result of their non-compliance.

Can courts reject consent orders?

When making a consent order, you must apply to the court to get the consent order approved.

The court may reject the consent order if it does not think it’s in your child’s best interest.

If this happens, the court may change your consent order or make a different court order to decide what is best for your child.

Do I need a solicitor to get a consent order?

To apply for a consent order, you need to draft an informal agreement and attach it to a completed C100 form to be submitted to the family court.

While you’re not legally required to have an agreement drafted by a solicitor, it’s highly recommended that you do.

A specialist family law solicitor can ensure that your agreement is watertight and aligned with everyone’s best interests.

A solicitor can also complete necessary forms for you, facilitating a swifter and smoother process.

How much does a consent order cost in the UK?

There is a £255 fee to apply for a consent order.

If you’re eligible for help with legal fees, you may be able to apply for free or at a reduced cost.

Why choose Mark Reynolds Solicitors for help applying for a consent order?

At Mark Reynolds Solicitors, our team of specialist family law solicitors is here to provide support, guidance, and legal services to families navigating child arrangement cases.

Contact us today for a free consultation, and we’ll work with you to ensure that your child’s best interests are always protected.

Seeking legal services or advice to resolve family issues or disputes can be expensive.

However, you may be eligible for help with paying these expenses.

Legal aid is a type of state funding that can be used to help pay for legal advice, mediation, or representation in court.

It’s designed to help people on a low income to gain access to the legal services and support that they need.

However, legal aid is not available to everyone or for every case.

In this article, we will answer the question “Can you get legal aid for family law?” and explore when legal aid is available and who is eligible for it.

Is legal aid available in family law?

Yes, legal aid is available in family law, but only in certain circumstances.

When assessing your eligibility for family law legal aid, the following factors are considered.

• Scope – The type of legal problem you’re dealing with
• Means – Your financial circumstances
• Merits – How serious the problem is and the likelihood of success

Legal aid is more readily available for public law family cases, particularly if a local authority believes a child is at risk of harm and needs legal protection or social services have begun care proceedings.

What does family legal aid cover?

Family legal aid can be used to help pay for legal services relating to various family law matters, including divorce and separation, child custody and contact arrangements, domestic violence cases, care proceedings, child abduction, and mediation.

However, it’s only usually available to resolve family disputes about child arrangements or financial disputes following a divorce or separation if there is evidence of domestic abuse or a child is deemed to be at risk of abuse.

Can I get free legal aid for family court UK?

There are several types of legal aid available – legal help, legal representation, and mediation.

Legal help is used to pay for legal advice and assistance, whereas legal representation may be used to pay for legal representation in the family court and a family law solicitor to help you prepare for the case.

Can you get legal aid for a child arrangement order?

It may be possible to obtain legal aid to help pay the legal fees associated with obtaining a child arrangement order if the child in question is at risk in their parent’s care and the person applying for legal aid can meet the means and merits tests.

Family law services from Mark Reynolds Solicitors

Mark Reynolds Solicitors does not accept legal aid cases.

However, we’re proud to have establishe a reputation as one of the leading family law firms in the North West of England, with offices in Warrington, Liverpool, Runcorn, and Leigh.

We offer confidential, expert legal advice tailored to your unique circumstances and a just and compassionate service.

To discuss your family law matter confidentially with a specialist family law solicitor, contact Mark Reynolds Solicitors today by calling 0800 002 9577.

Whether you’re navigating a complex divorce, or require help negotiating child arrangements following a separation, a family law solicitor provides you with the legal support and guidance you need to reach a fair and amicable resolution.

Here, we’ll explore the circumstances under which you may need a family law solicitor and provide insight into the costs associated with hiring one.

Why would you need a family law solicitor?

Family law solicitors provide invaluable support and legal advice to families navigating changes to their family dynamic.

They can provide a wide range of services, including legal advice, representation, document preparation, mediation, and negotiation.

These services help ensure proceedings are handled fairly and that the rights and interests of all parties, particularly those of children, are protected.

Some of the most common family matters that require a family law solicitor include:

• Divorce or separation
• Civil partnerships
• Child arrangements
• Grandparents’ and relatives rights
• Domestic violence
• Change of name
• Judicial separation
• Parental responsibility
• Prenuptial or pre-cohabitation agreement

How much does a solicitor cost for family law in the UK?

The cost of hiring a family law solicitor completely depends on the details of your case.

Several different factors influence the cost, including the solicitor you choose, the area of family law involved, and the complexity of the case. For example, you can expect to pay far less in solicitor fees for a simple name change than you would for a complex divorce.

Always check with your solicitor whether they charge an hourly rate or a fixed fee.

For cases charged at an hourly rate, the price per hour is dependent on the solicitor’s level of experience. A solicitor’s hourly rate can vary from £150 to £300 per hour, plus VAT.

Most solicitors can provide an estimate of the number of hours your case should take.

Some solicitors offer a fixed-fee service, where they provide a quote for the case before they start work and a guarantee that this price won’t change – most clients prefer this approach as it is more reliable and easier to budget for.

How much are family court fees in the UK?

Some family law cases require an application to be filed with the court, for example, divorce and judicial separation.

Family court fees vary widely, depending on the type of application or action you are taking.

Applications relating to domestic violence cases are usually free of charge, while applications for a divorce, dissolution, or judicial separation cost £593.

It’s always preferable not to go to court as court proceedings can be very expensive. However, if a family law matter cannot be settled using negotiation or mediation, then it may require court intervention.

If this is the case, you will need to budget for these fees.

Your solicitor can advise you on the cost of court fees and any waivers or deductions that may be available to you.

Need free, no-obligation legal advice regarding a family law matter? Speak to our team of experienced family law solicitors here at Mark Reynolds Solicitors by calling us on 0800 002 9577.

A C2 form plays an important role in helping individuals to attain court permission to initiate or amend proceedings in family law child arrangement cases.

In this article, we answer the question ‘What is a C2 application in family law?’, explaining when and how a C2 document can be used and how much it costs to file a C2 application.

What is a C2 application in family law?

In family law, a C2 form is used in England and Wales to request permission from the court regarding child arrangements.

It’s relevant in proceedings held in accordance with the Children Act 1989, which could involve matters like child custody, visitation rights, or parental responsibility.

What can a C2 document be used for?

A C2 form may be used during three different scenarios relating to child arrangements.

These are:

• To seek approval to make an application

A person who has a significant relationship with a child, but isn’t automatically entitled to make an application regarding child arrangements, must use a C2 form to get the court’s permission to apply. This could apply to a grandparent, or close relative, and ensures that only appropriate parties are involved in the proceedings to safeguard the child’s best interests.

• To request an order or directions in existing proceedings

If circumstances or information regarding an ongoing family law case change, then a C2 form can be used to request a new order or amend an existing one. This could include requests for specific visitation schedules, changes to parental responsibilities, or the temporary removal of a child from a potentially harmful situation.

• To add or remove someone from an application

As the case unfolds, it might become necessary to change who is involved in a child arrangement case. A C2 form can be used to apply to join an ongoing case or request to be removed from the proceedings.

How much does a C2 application cost?

The cost of making a C2 application depends on what you are using the document to apply for, but it generally costs between £58 and £167.

If you’re eligible for help with legal fees, you may be able to apply for free or at a reduced cost.

Choose Mark Reynolds for Child Arrangement Orders

At Mark Reynolds Solicitors, our team of specialist family law solicitors is here to provide support, guidance, and legal services to families navigating child arrangement cases.

We understand that resolving child arrangement issues or disputes can be overwhelming, and our team aims to make a stressful process as quick and painless as possible.

We handle every family law case with the utmost care and professionalism; whether you’re filing a C2 application to seek permission for court action or require mediation services to resolve an urgent dispute, our dedicated team is equipped to help.

Contact us today for a free consultation, and let us help you ensure that your child’s best interests are always protected.

Navigating family politics can be challenging at the best of times. When familial relationships break down, resolving disputes can become increasingly complex—particularly when money or children are involved. At this point, many families seek help from a legal professional who specialises in family law. A family law solicitor helps families negotiate and resolve issues or disputes fairly and as amicably as possible.

In this article, we will explore the different areas of family law to answer the question, “What is family law?”

What exactly is family law?

Family law is a very broad area of law that focuses on family relationships. The three main areas of family law are matrimonial, finance, and child. Some family law solicitors specialise in just one of these areas, whilst others cover all family law matters.

Dealing with a family law issue can be extremely upsetting and disruptive for the family involved. That is why, in family law, there is an emphasis on resolving disputes through negotiation and mediation, with court proceedings only considered a last resort.

Several important pieces of legislation govern family law UK; these include:

• Matrimonial Causes Act 1973
• Children Act 1989
• Civil Partnership Act 2004
• Family Law Act 1996
• Child Maintenance and Other Payments Act 2008

Some key areas of family law include marriage and civil partnerships, divorce and separation, child law, domestic violence and abuse, property and financial matters, cohabitation, and grandparents’ rights. We’ll explore some of these areas in more detail later in this article.

How is family law different from other areas of law?

Because family law deals specifically with familial relationships, it requires a more personal and sensitive approach than other areas of law like corporate law or criminal law.

Family law solicitors help families resolve highly emotional and personal issues, which requires a high level of empathy and sensitivity. Family law cases can have a huge impact on the people involved on a personal level, particularly when children are involved, so they must be handled with the utmost care. There are unique legal standards that govern family law, including the “best interests of the child” principle. This standard requires the best interests of any children involved in a case always to take precedence in decision-making.

When it comes to family law, there is also an emphasis on resolving issues as amicably as possible without going to court. The stress and expense of going to court can put considerable strain on families, so family law concentrates on trying to resolve issues through negotiation and mediation services.

What does family law cover in the UK?

In the UK, law firms that practice family law usually offer a wide range of services to provide legal advice and support for various family matters. They can assist with a wide variety of issues from divorce to child arrangements and everything in between.

So, to answer the question, “What is family law UK?” Let’s examine some of the different areas that family law covers.

Divorce and separation

Family law solicitors can help married couples whose relationships have irretrievably broken down to navigate divorce or judicial separation. In 2020, the Divorce, Dissolution, and Separation Act introduced “no-fault divorces”, which eliminates the need to attribute blame. Instead, either party can file for a divorce, or both parties can apply jointly.

A family law solicitor can help married couples file for a divorce, resolve disputes, divide assets fairly, and negotiate financial and child arrangements.

Alternatively, family law solicitors can help couples apply for a judicial separation if they do not wish to get a divorce for personal or religious reasons. A judicial separation allows the parties to live separately and the Family Court to make financial orders between them. However, it means the marriage has not legally ended, and neither party can marry again until they’ve obtained a divorce.

Marriage and civil partnerships

Marriage and civil partnerships are legal contracts between two individuals. Before entering into a marriage or civil partnership, it’s sensible to discuss what would happen if your relationship were to break down in the future. Planning ahead can provide both parties with peace of mind and financial security.

A family law solicitor can help couples draw up a prenuptial or pre-cohabitation agreement to protect each party’s assets and agree on how assets will be split if their relationship breaks down. These agreements can be used to protect all sorts of assets, including property, savings, inheritance, trust funds, premium bonds, stocks and shares, pension pots, and more.

Family law solicitors can also help dissolve civil partnerships. The process for dissolving a civil partnership is very similar to that of divorce.

Domestic violence and abuse

Family law firms provide invaluable, and sometimes life-saving, support to victims of domestic violence and abuse. Domestic abuse can cover everything from physical violence and emotional abuse to controlling or coercive behaviour, financial control, and gaslighting. Family law solicitors help individuals take legal action against their abuser and obtain injunctions to protect them against further abuse.

Child law

Family law also covers many different aspects of child law, including child arrangements, parental responsibility, child maintenance, adoption and surrogacy, child protection and safeguarding, and more. Family law uses “the best interests of the child” principle to ensure that all decisions regarding children put the child’s welfare first.

When a couple separates, disagreements sometimes occur over where children will live and how they will spend time with each parent. Family law can help resolve child arrangement disputes using negotiation or a Child Arrangement Order.

A family law solicitor can also help parents apply for parental responsibility if they don’t already have it. Parental responsibility gives a person the legal right to make major decisions regarding the child’s education, health, religion, or name change.

Change of name

Today, more people than ever change their names or their children’s names due to life events like divorce, adoption, marriage, or civil partnership.

A family law solicitor can advise you on the process for changing your or your child’s name according to your circumstances. They can also help you complete the required documents and draft the change of name deed.

Cohabitation

Marriage is less important than it once was, and more people than ever now choose to cohabit without getting married or entering a civil partnership. Unfortunately, common law marriage is a myth, and cohabiting couples do not have the same legal rights as married couples. In fact, they have very few legal rights, which can make the division of assets extremely complicated when cohabiting couples separate.

Drawing up a cohabitation agreement can help protect both parties if their relationship breaks down in the future. Cohabitation agreements are legally binding agreements that can be used to gain clarity over various issues relating to both the couple’s lives together and what would happen if their relationship ended. Common areas covered in a cohabitation agreement include how bills and debts will be covered, each party’s stake in any shared property, child arrangements if their relationship ends, and the division of assets if their relationship ends. A family law solicitor can also help with resolving cohabitation disputes when there is no cohabitation agreement.

Grandparents’ rights

Grandparents often play an important role in a child’s life. Sometimes, after a divorce, separation, or family conflict, grandparents can find themselves cut out of a child’s life. Losing contact can be upsetting and detrimental to both the grandparent and the child. Although grandparents do not have automatic rights to child access, the Family Court recognises the invaluable role they can play in a child’s life and will try to reunite them if they believe it is in the child’s best interests to maintain contact.

A family law solicitor can help grandparents and other relatives ask permission to apply for a court order and, if granted, a child arrangement order. A child arrangement order then sets out how frequently the grandparent can see the child and under what circumstances.

Mark Reynolds Solicitors Family Law

If you need help resolving a family law matter, contact Mark Reynolds Solicitors’ team of specialist family law solicitors.

We are one of the leading law firms in the North West, providing family law services to clients throughout Liverpool, Warrington, Leigh, Runcorn, Manchester, and the surrounding areas.

We offer cost-effective legal advice and services on a no-win, no-fee basis. Contact us today on 0800 002 9577 or fill out the contact form on the right to schedule a free, no-obligation initial consultation.