Julie – you worked hard to help us secure the purchase of our new home. We really appreciate all you did and for keeping us informed. You are brilliant!!
CHILDREN ACT PROCEDURE
CHILDREN
We recognise that issues relating to children are most important to you. If there are children involved in the breakdown of a relationship, the main priority is to agree where they will live and how their time is to be shared between you and your former partner. We understand that it can be difficult to reach agreement and we will deal with this sensitively, avoiding the creation of more upset and acrimony, and making sure that the children’s welfare remains the priority at all times.
We are pleased to say that in the vast majority of our cases it is possible to reach agreement in relation to the arrangements for the children without having to use the Court system and children do not become the subject of Court Orders.
We are members of Resolution and, in accordance with Resolution’s code of practice, we will always endeavour to advise, negotiate and conduct Court cases in a manner calculated to encourage and assist both parties to achieve a constructive resolution of their difficulties as quickly as possible.
COURT ORDERS
In the event that an agreement cannot be reached and an application to the Court becomes necessary the Courts have the power to make various Orders in relation to a child, namely:
- Child Arrangements Order – if the parents cannot agree on who the child should live or the amount of time the child should spend with the other parent, the Court will resolve the issue by way of a Child Arrangements Order
- Specific Issue Order – parents may agree on most issues but there may be particular matters which they cannot agree on, for instance immunisation or the school the child is to attend. In such cases, an application could be made to the Court for a Specific Issues Order, and the Court will decide on that particular issue.
- Prohibited Steps Order – if one party threatens to do something, with regard to the child, which the other party believes is not in the child’s best interests and matters cannot be resolved amicably then application can be made for the Court to decide the issue.
The Court will give the following three principles the highest priority:
- The child’s welfare is of the paramount importance;
- The Court must have regard to the general principle that any delay is likely to prejudice the welfare of the child; and
- The Court will not make an Order unless it considers that doing so would be better for the child than making no Order at all.
In deciding whether an Order should be made, the Court will take into consideration:
- the ascertainable wishes and feelings of the child concerned (considered in the light of the child’s age and understanding);
- the child’s physical, emotional and educational needs;
- the likely effect on the child of any change in his/her circumstances;
- the child’s age, sex, background, and any other characteristic which the Court considers relevant;
- any harm which the child has suffered or is at risk of suffering;
- how capable each of the child’s parents are of meeting the child’s needs, and any other person in relation to whom the Court considers the question to be relevant;
- the range of powers available to the Court under the Children Act in the proceedings in question.
Under the Children Act, the Court will only make a formal Child Arrangements Order, or any other Order, if there is a dispute, otherwise no Order will be made. There is also a presumption that the Court should not intervene unless it is in the best interests of the child. When making any decision, the Court’s paramount consideration is the welfare of the child. The Court recognises that delay is likely to be harmful to the child’s welfare.
TESTIMONIALS
Great advice. Very helpful and friendly staff. Would definitely recommend!
We really appreciate your hard work especially in such a busy time.
We used Cocks Lloyd for purchase of our new build home and found them very helpful. Emma Billings and her team were very thorough, had an eye for detail and kept us fully updated throughout the whole process. We would highly recommend them and would use them again.
Hi Mat – I would just like to thank you for advising and acting for us with regards to my dad’s estate. An excellent service. I would like to especially mention Mary who had an excellent client manner and is very efficient. A credit to Cocks Lloyd.
Thank you so very much.
This business with my mother’s estate was the first time I had any involvement with legal affairs of this nature. The professional manner with which you executed the process alleviated me from any apprehension that was present in my mind.
It is with sincere gratitude that I wish to commend you and your staff (Mary Hannah Elson and Dawn Crisp) for the efficient service extended to me.
I truly appreciate the patience and understanding with my sometimes delayed response to your queries across the miles between the UK
Ourselves and the family would like to thank you for the excellent service you provided, and particularly for your sensitivity in dealing with both our loss and naivety.
May I thank you for all your help with my late wife’s estate in what has been a very difficult time in my life.
To Mathew and your probate team, your service have been quite supreme. My legacies are safely banked, and all of you must now be thanked. You’re excellent at what you do!
Found it easy to choose and felt at ease.
Your care was impressive and stands out from other professionals we are involved with.
Very sensitively and professionally handled.
I was advised by my Accountant to contact Mrs Wilkinson – I think you give a first class service.
I would like to thank you for your professional advice and support through what was a difficult time for me. Always giving clearly thought out advice and concise advice, you are a credit to your profession.
You come highly recommended via my company financial adviser – first class.
Cannot fault, Thank you. Excellent efficient service this week. Sharon, very much appreciated!
Been struggling to sell my property for over 18 months, through another solicitors. Cocks Lloyd stepped in and stepped up, sorting out many issues to do with my lease held property. Sorting everything out whilst keeping me informed at every step. Emma Billings is a credit to your firm. Thank you for everything. Exchanged contracts Tuesday completed Friday brilliant service.
Emma dealt with a couple of house sales in Nuneaton for Deeley Group. She showed a professional maturity beyond her years, was conscientious and was always available to speak to. She chased the other side as often as necessary and allowed me to breathe a sigh of relief knowing the sale was in safe hands and was not going to fall behind deadlines if Emma could possibly help it!!
Peter provided an excellent service and was highly professional.
Cocks Lloyd were recommended to us by a local agent and I would happily recommend them on to my clients. Good Luck for the future Emma.
I will recommend you to my friends and family for both the advice you gave but more importantly to me for the support you provided.
Thank you for recovering possession of my house from those problem tenants, you made everything so easy for me.
Matthew, thank you for your extremely practical advice. It is refreshing to be told not to pursue a claim and to remain patient rather than taking action. Your advice saved me money in legal fees and probably time too.
Peter was knowledgeable, polite, efficient and an excellent choice for myself and I was made to feel comfortable throughout.
I have used Cocks Lloyd Solicitors previously and have been very satisfied with you in all respects.
I was very pleased with the service!
You are very efficient!
Matthew Blood explained the situation very clearly. He understood my problems and supported me.
It is with sincere gratitude that I wish to commend you and your staff for the efficient service extended to me.
This business with my mother’s estate was the first time I had any involvement with legal affairs of this nature. The professional manner with which you executed the process alleviated me from any apprehension that was present in my mind.
Thank you so very much.
Thank you for your help with our house move and all your help and support throughout the process.
Just a quick note to thank you so much for your work help and understanding in dealing with my Dad’s Estate. You made a very difficult time bearable.
My wife & I recently used the services of Martin Kimberley of Cocks Lloyd to renew our Wills, he was able to recommend some changes to ensure they are fully compliant with current legislation. The service provided was extremely thorough and professional and I would have no hesitation in recommending Cocks Lloyd for any legal matters.