Child Law Solicitors in West Yorkshire

Do I need a solicitor to change my child’s name?

If both parents of the child agree, then a solicitor is not needed to change the child’s name. The parents can apply for the name change using an unenrolled deed poll.

However, if one parent does not consent to the name change, then a solicitor may be required. A family law solicitor can help you apply for a court order asking for permission to change the child’s name if the issue cannot be resolved by agreement.

The application is made to the family court. The court will consider factors such as whether the child wants to change their name, the impact it may have on their wellbeing and the reasons for the change.

Will my child have to go to court?

The family court will typically try to protect your children’s welfare and exclude them from having to attend court in person. In some cases, and depending on the child’s age, they may be asked for their views on the case and what they would prefer. If this is the case, they will be asked separately, outside a court environment.

Can my ex stop me from seeing my child?

If your ex-partner is preventing you from seeing your children, the first course of action to take is to speak to a solicitor about the situation.  A solicitor will usually recommend mediation to see if the issues can be resolved amicably. Mediation can help bring open communication without the time, use or cost of a court and help you both understand each other’s and your child’s needs and concerns. Many consider it the most cost-effective way to reach an agreement.

If mediation fails and solicitors’ correspondence does not produce the required result, then you may need to apply to court for a Child Arrangement Order. A Child Arrangement Order is a legally binding court order that defines who a child lives and spends time with. The court will make a legal decision on the arrangements for the child. If you already have a Child Arrangement Order, then an enforcement application may be made instead

A family law solicitor can help facilitate mediation, solicitors’ communication, provide representation for a Child Arrangement Order and apply to enforce it if necessary.

What if my child doesn’t want contact?

When a child does not want contact with one of their parent’s, it can be a challenging time for both the parent and the child.

In England and Wales, there is no specific age at which a child can legally declare that they do not want to see a parent. A child’s wishes and feelings will always be a relevant factor, but the family court will consider the child’s age and their capacity to express their views on the matter when deciding how much weight to place on their wishes and feelings.

As a parent, the best course of action is to try to have an open and honest conversation through family mediation with the other parent to understand the issues. Child inclusive mediation would be an option for older children so that they can also engage and have a voice in the mediation process

If conversations are unsuccessful or there is interference or alienation from the other parent or third parties, a legal solution may be required. A family law solicitor can help draft or amend any child arrangement orders to allow or limit access to the child.

Can grandparents apply for contact or for their grandchildren to live with them?

In England and Wales, grandparents do not have an automatic right to apply for contact with their grandchildren.  They must first obtain permission to apply.  In deciding whether to grant permission the court would consider the application they wish to make, their connection and relationship to the child and any harm that allowing the application to proceed would cause to the child. Accordingly in most genuine cases permission is granted.

In certain circumstances grandparents may need to apply for their grandchildren to live with them through a child arrangement order or special guardianship order.

This type of application most commonly occurs when:

• The child’s parents have died.

• The parents do not have the capacity to look after their children or are unfit.

• Abuse or neglect of the child occurs.

A family lawyer can help you discuss the options available and the pros and cons of each type of application depending on the specific circumstances of the case.

What areas do you cover?

Our team can cover cases across Leeds, Huddersfield and Bradford as well as the wider West Yorkshire area. We also have an office in Manchester City centre and can travel to accommodate your needs should you wish to meet us.