TV Edwards Blog

Blog Children Law Family

Successful appeal of final care orders made instead of SGOs. Considering SGOs being made before a trial placement, status of extra judicial guidance and the role of Special Guardians in the court process.  

The Court of Appeal has handed down a significant decision regarding the making of final care orders instead of special guardianship orders, and the status of non-statutory guidance and when it should be followed.

Our Hannah Perry acted for the children, through their Guardian Jeff Boyd in the case at the first instance and on instructions of the children’s guardian successfully appealed the decision of HHJ Tolson QC to make final care orders.

The leading judgment was given by Sir Ernest Ryder. He allowed the appeal and was clear that the judge at first instance was influenced by informal guidance given by a High Court judge in his role as a leadership judge.  The Court of Appeal make it clear that such guidance is not the same as authoritative guidance or a practice direction for the reasons set out in the judgment.

The judgment reiterates that the 26 week time limit for care proceedings may be extended if the court considers that the extension is necessary to enable the court to resolve the proceedings justly; and  the President of the Family Division, Sir James Munby P refers to previous judgments which have confirmed that the timetable should be extended when there is good reason to do so. As the President says: ‘In relation to SGOs, as elsewhere, justice must never be sacrificed upon the altar of speed’.

Both Sir Ernest Ryder and Sir James Munby P were clear that there needs to be authoritative guidance about the making of special guardianship orders, and they invite the multi-disciplinary Family Justice Council to provide this guidance. 

Due to the significance of the issues the Association of Lawyers for Children, “the ALC”, intervened in the appeal.

The Judgment can be found here: http://www.bailii.org/ew/cases/EWCA/Civ/2018/1407.html

Fateha Ahmed

Solicitor

Blog Children Law Family

Grandparents play an  important role in children’s lives and research has shown that they have a positive impact, particularly on adolescents and when families are going through difficult times.

A rising number of grandparents are going to court to spend time  with their grandchildren. Statistics show that almost 2000 applications for child arrangements orders were made by grandparents in 2016.

The issue received press attention last month when it was debated in parliament, with MPs sharing experiences of their constituents. The last review of the law around grandparents seeing their grandchildren was the Family Justice Review in 2011. It seems that this will now be reconsidered along with other family law reforms. A Ministry of Justice spokesperson is quoted as saying “We will consider any proposals for helping children maintain involvement with grandparents, together with other potential reforms to the family justice system, which are currently being looked at.”

At TV Edwards, we are frequently contacted by grandparents who are seeking to have contact with their grandchildren. Although there is a presumption that involvement of a parent in the life of the child will further the child’s welfare (unless there are reasons to the contrary), that is not the case for other members of the family, such as grandparents. Family courts do, however, recognise the invaluable roles that grandparents have to play in their grandchildren’s lives.

Often, child arrangements can be negotiated through a family solicitor without the need to attend court. Mediation can also assist in resolving disputes without the need to go to court. However, if the relationship between the parents and grandparents has broken down significantly, there may need to be an application to the court for a child arrangements order, for the grandparents to be able to spend time with their grandchildren.

Can I make an application to the court?

Grandparents are not automatically entitled to apply for a child arrangements order, and they must obtain the permission of the court.

When deciding whether the grandparents should be given permission, the court will have particular regard to:

1. The nature of the proposed application that the grandparent wishes to make
2. Their connection with the child
3. Any risk there might be of the proposed application disrupting the child’s life to such an extent that it would harm the child

The court may also take into account any other factors they consider relevant.

If one or both parents raise objections, there is likely to be a full court hearing where all the parties can put forward their evidence. At this stage, it is extremely beneficial to have legal advice to assist with preparing the case,  to show to the court that grandparents have meaningful and ongoing relationships with their grandchildren, which significantly benefits their lives.

The court will always consider all the child’s circumstances, and will only make an order where they consider it better for the child than making no order at all. For example, they might have to weigh up the impact of contact with the child on other family relationships.

If you are a grandparent and would like to know more about your options or you are not happy with current arrangements regarding your grandchildren, please do not hesitate to contact our Family team on 020 3440 8000.

TV Edwards Blog

Blog Children Law Family

Following the breakdown of a relationship or marriage it is often the situation where one parent will want to take the children abroad during their school holidays. This article deals with what can be done if the children do not return from their holiday as planned.

Often at the end of a trip abroad, the children will return home, as anticipated, however, there are unfortunately situations where the travelling parent decides, without any consultation or agreement from the other parent, to retain the children in the foreign country. Such a decision might be deemed wrongful in the eyes of the law. This is because parents will often share parental responsibility for their children and therefore important decision concerning the children, such as where they live, should be made jointly, by both parents.

Where one parent acts alone and decides to retain the children abroad there are options available to the parent who has been left behind and it is important that specialist legal advice is sought at the earliest opportunity. The appropriate remedy will depend on the circumstances of the case including, the country the children live in normally and the country they have been retained in. This is as we may be able to rely on an international agreement, such as The Hague Convention on the Civil Aspects of International Child Abduction or EU Law to achieve the swift return of the children to their home country.

There are also remedies available under English Law including applications made to the High Court in England and Wales to obtain orders that direct the other parent to return the children to their home country immediately or orders which can be placed before the court of the country the children have been taken to, to persuade them to assist with the return of the children to their home country.

In these cases it is often necessary to act swiftly to seek the return of your children and we at TV Edwards can advise you of your options regardless of whether you are based abroad and your children have been kept in England or Wales or if you are in England and Wales and your children have been taken abroad. We will offer you the support and advice that you need during what is often, an extremely difficult time.

At TV Edwards we have dedicated team of solicitors who specialise in advising parents in international children matters including preventing the abduction of children and the recovery of children who have been taken by one parent whether it be to another place within England and Wales, within the United Kingdom or internationally. If you have an international children law issue that you need assistance with then please do not hesitate to contact us on 0203 440 8000 or A_FamilyReferrals@tvedwards.com

TV Edwards Blog

Blog Children Law Family

What to Consider?

The Easter break is fast approaching and many families will be looking forward to spending time together. For some this might mean holidaying abroad.

If parents are separated, the arrangements for travelling abroad can be complicated and must be sorted out in well in advance. Each person with parental responsibility for the child must consent to the trip before the child travels abroad. Ideally, consent should be in writing to avoid any future disagreements about what was agreed. Additionally, you might be asked to provide the other parent’s written consent to travel abroad when you leave the UK, or upon arrival at the other country.

It is best if parents can agree arrangements in good time before any trip abroad, and have an agreed written record what has been decided. If you need consent but the other parent will not agree to the child travelling abroad, then you may need to apply for a court order to allow this.

If you apply for a court order, the judge will consider why the other parent is objecting to the child travelling. The most common worry is a fear that the child will not be returned home. The court will look for evidence that the child will be returned, such as return tickets. Ultimately, the judge decides what is in the child’s best interests and whether the child would benefit from the holiday.

If you are concerned that your child could be taken abroad and not returned home, then you can ask the court for a prohibited steps order. This is a court order that says the child must not be taken anywhere outside England and Wales. If the judge decides that there is a real risk that the child would not be returned home, then he or she can make a prohibited steps order preventing travel abroad. It is much better to have a prohibited steps order before a child travels, rather than have to go to court after the child has gone abroad, to try to make the other parent return the child home.

If you would like advice about taking your children abroad, or you are concerned about your children being taken abroad without your consent, please do get in touch with our accredited international children team on 0203 440 8000 or A_FamilyReferrals@tvedwards.com. We have a team of experienced solicitors who are able to offer specialist legal advice.