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Stewarts Solicitors offer a wide range of services surrounding matrimonial and family law, select one of the links below that relates to your circumstances for more information on how we can help.

 

Children & Adoption

All Family Solicitors at Stewarts are accredited members of the Children Order Panel and Collaborative Lawyers Association

Stewarts Solicitors are experienced in assisting parents and guardians of children by providing sound, clear advice on the legal requirements and the legal remedies available in relation to parental responsibility, contact and residence of children, together with Prohibited Steps Orders and Specific Issue Orders.

In cases where Social Services have intervened in respect of children we can provide experienced advice and representation to parents. Our matrimonial and family lawyers have experience in dealing with all types of Public Order cases to include, Care proceedings, Adoption and Secure Accommodation cases.

We can also assist in Private Law proceedings, if you are applying to adopt a child, or if you are objecting to someone trying to adopt your child.

We can arrange consultations at short notice at any of our office locations in Belfast, Ballymena and Newtownards

Frequently asked Q & A's

If I leave will I be allowed to see my children?

The starting point is that contact with both parents is desirable, and likely to be in the child’s best interests, unless there have been allegations of, for example, abuse or neglect.

If you cannot agree a sensible pattern of contact with your spouse/partner, you can ask the court to step in and make an order.

The court will take into account a number of factors; called the “welfare checklist” to decide whether contact is in the child’s best interests.

Such factors include the child’s own wishes and feelings and age. Clearly, contact needs to be age appropriate, and if the child is very young, it might be sensible to increase the level of contact gradually.

If I have parental responsibility for my child do I automatically have contact rights?

Although parental responsibility gives you certain legal rights in relation to the upbringing of your child and gives you some rights in terms of seeing them it does not automatically give you the right to contact them or have them visit of stay with you.

If you cannot agree this amicably with your partner you will need to apply for a Contact Order from the courts.

Am I entitled to child maintenance?

If there are children from the marriage/relationship then it will almost always be necessary for child support to be paid by the non-resident parent. This will either be calculated by the Child Support Agency agreed or in accordance with their formula.

The basic calculation, subject to contact arrangements and certain other factors, is 15% of net income for one child, 20% for two and 25% for three or more children. To calculate the potential amount visit the Child Support Agency website www.csa.gov.uk

Do I have rights to see my grandchildren?

The legal system recognises the importance of grandparents and offers an opportunity to apply through the court system for a contact order if necessary.

Grandparents do not have an automatic right to make that application and you would have to apply to the court for permission to do so but provided that you it can be shown that the grandparent has had a meaningful and close relationship with the grandchildren then the court is likely to grant permission to be able to pursue an application for contact.

Can the children still live with me?

Usually if the children are settled with a particular parent, who is their primary carer, the courts will be reluctant to disturb the status quo except in extreme cases, such as where there have been allegations of domestic violence or child abuse.

The court does have the power to make orders determining when the child will see his or her parents (contact) and where the child will live (residence) if there is a dispute.

Normally, the courts operate a “no order” principle, which means that they will not interfere by making an order unless doing so is in the child’s best interests.

I cannot afford the CSA demands what can I do?

A number of assessments made by the CSA are incorrect. You should check carefully all the information used by the CSA to make their assessment, especially income. You are legally bound to pay the amount requested by the CSA until such a time as your circumstances change.

 
 

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