Children

Oasis Law Solicitors have an experienced team of solicitors that specialise in representing parents, children, and extended family members on all cases concerning children. We specialise in children law-private which involves disputes between parents and issues relating to children. However, where parents fail to resolve their issues, we are able to represent you by making an application to court. The court can therefore, make various orders which includes child arrangement order (i.e. residence and contact orders), specific issues order, and prohibited steps order for the child’s welfare.

We also specialise in children law-public. We offer representation to parents or those with parental responsibilities at the public law outline (PLO) by attending meetings with them and the social services. If the matter is not resolved at the public law outline, we represent the client at court when the local authority made application to remove the child from the care of the parents or someone with parental responsibility.

NOTE: legal aid is available to parents or those with parental responsibility when a local authority writes them a letter before action. Legal aid is also available to parents and those with parental responsibility if the local authority issue proceedings to remove the child from the carers due to concerns regarding their care. This is available subject to an assessment by the Legal Aid Agency.

Parental Responsibility

When a parent has “Parental Responsibility” for a child they have the right and responsibility to be involved in the important decisions that relate to that child. A mother automatically has Parental Responsibility from birth. However, a father does not acquire automatic Parental Responsibility in the same way. This can be acquired by:

• By reaching an agreement with the mother or
• By making a court application

Our Family lawyers at Oasis Law Solicitors can advise and assist with this.

Child Arrangement

An application can be made to the Court for a “Child Arrangements Order”. When determining an application for a Child Arrangements Order, the court ‘s paramount consideration is the child’s welfare. Our specialist team has enormous experience in advising parents with a vast range of child issues including disputes concerning with whom a child is to live and how often they are to spend time or otherwise have contact with a person.

Child Abduction: Taking children abroad without permission.

This occurs when a child is either taken abroad without the permission of the other parent (or those who have rights of custody) and/or is kept abroad beyond the period for which permission has been given. We can act for parents whose children have been taken and for those who find themselves a party to child abduction proceedings. We believed that these cases need to be handled in an especially sensitive, timely and proactive way.

Child Relocation

A parent needs the permission of the other parent, all those with Parental Responsibility for the child, or the court to take a child to live abroad. The application to be made is known as an ‘application for leave to remove’. We can act for either party in such cases.

Special Guardianship and Adoption

A special guardian is legally responsible for taking care of a child until he or she reaches the majority age. Special Guardianship is useful for children who may not be suitable for adoption for instance due to their age, but who would still benefit from a stable placement with a long term carer. On adoption, our specialists team are able to help those thinking about adopting a child that is currently in local authority care, a relative or a step child.

Divorce: Divorce and Civil Partnership Dissolution.

The decision to get divorced is an important and stressful issue in peoples’ lives. So many competing and complex issues may all need to be resolved. Our experienced family lawyers provide sympathetic advice and will guide and support you through the legal and practical considerations of a divorce. 

We have equal expertise in litigation and in using non-court methods of resolving a divorce, through mediation, collaborative law and arbitration.  Oasis Law Solicitors have helped many clients through the process, advising when and what to do. We have Solicitors within the team who are members of Resolution, an organization of family lawyers that promotes a non-confrontational approach to resolving legal matters. We will therefore, spend time understanding your goals and priorities in order to achieve the best outcome for you and your family. Also, we will make sure you are fully supported both through the divorce process and thereafter. 

Grounds for Divorce

The only ground for divorce in England and Wales is irretrievable breakdown of the marriage. This is established by proving one of five facts:
a) Adultery
b) Unreasonable behaviour
c) Desertion
d) Separation for two years with the consent of both parties
e) Separation for five years

A divorce petition cannot be issued until the parties have been married for at least a year.

Financial Remedies in divorce cases.

Financial settlements can be one of the most contentious aspects of a divorce for a parting couple. A clear picture of the couple’s existing assets, liabilities, debts and income may be hard to reach initially and can add to the legal costs of a divorce. We are most experienced in dealing with financial settlements especially, in the following areas:

• Family businesses
• Trusts and family settlements
• Pensions
• Ongoing financial support
• Child maintenance
• Financial provision for children

There are many ways to reach a financial settlement ranging from direct discussion between a couple to various forms of mediation/dispute resolution to court proceedings. However, both parties need to provide financial disclosure and would need to consult a solicitor and take specialist family law advice. We are always ready to help.

Enforcement of Financial Order

There are a range of enforcement options available. Our specialist team has a high level of experience of a range of enforcement options, from pursuing financial orders, through to resisting orders. We can advise about how best to handle financial matters and resolve any issues.

Family Agreements:

Cohabitation agreement

English Law provides little legal protection for those couples who live together, with or without children for however long they have lived together. Partners can be left with no pension rights if their partner dies without making a will, they may lose rights over a shared property if not named on the deeds and they will pay additional inheritance tax.

Pre-Nuptial agreements.

There may be many reasons for entering into a pre-nuptial agreement. You may wish to protect existing assets. We provide a fixed fee offer for preparing a Pre-Nuptial agreement or reviewing a Pre-Nuptial agreement prepared by your future spouse. If you need further advice, come in to meet one of our Specialist Family Solicitors who can advise you on the right course of action to take.