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The Legal 500

Relationships and Children

Family Divorce Solicitors who support and care.

Relationships and Children in Chesterfield, Sheffield, Dronfield and Mansfield

Talk to Banner Jones. We are ready to help you.

How Can Our Family Law Solicitors Help?

We know that when relationships break down it can put a lot of pressure on you and your family. Our expert family law solicitors in Sheffield, Mansfield and Chesterfield are highly experienced and will tailor their advice depending on your circumstances. Our family law specialists achieve solutions through confidential settlements and are always on hand to provide support when resolving family law issues. We have worked on many family law cases and each individual receives the upmost care and consideration throughout the case.

Advice from friends and family is well meaning, and you need their support, but the information they can give often relates to circumstances which are different to your own giving you false expectations and can mislead you, unintentionally. Always seek professional advice from a family law specialist.

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Why choose Banner Jones Family Law Solicitors?

Resolution Specialist At Banner Jones we will advise you from the outset if there will be any funding available to you. You may also benefit from our fixed fee packages. We will always provide a clear indication from the beginning to the expected level of fees which may be incurred.

At Banner Jones we have Resolution and Collaborative Law accredited specialists who have trained to the high levels expected of Resolution Specialists. We will endeavour to look for a non-confrontational solution, although in some cases we appreciate that this may not always be possible.

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How to Tell Your Children That You Are Separating

Free guide

How to Tell Your Children That You Are Separating

Download our free guide for help and advice on how to tell your children that you are separating.

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I would like to say a big thank you for your understanding at a very stressful time. You not only acted professionally but with great compassion. My family can not say in words how difficult a time we are having, and it means so much to have just a little kindness. No matter what the outcome today, you did a wonderful job.

Mr W, Swinton

Talk to Banner Jones. We are ready to help you.

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Frequently Asked Relationships and Children Questions

Am I able to stop my children from being taken to live abroad by my spouse who they now live with?

Your spouse is legally required to obtain your permission or a court order to take the children to live abroad. Your spouse is however allowed to take your children abroad for holidays of up to 28 days.

If you believe that your spouse plans on taking your children to live abroad regardless of your opinion you are able to apply for a prohibited steps order, this will stop your spouse from taking your children abroad at all. Your spouse is able however to apply to the court for an order allowing them to be relocated abroad if it is in their best interest. 

Do we have to come to an agreement with what is happening to our children before the divorce can go through?

The court needs to be satisfied that arrangements have been made in the best interest of the child. This however does not been that a final agreement has to be made before you can get a divorce. 

He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return. Our family law solicitors can advise on your specific circumstances. 

How are we able to minimise the upset our divorce proceedings will cause to our children?

The more you are able to agree amongst yourselves the better. Ideally it would be better if you could agree for the arrangement of your children outside of the courts. This will avoid your children having to get involved with any court proceedings. Children who are asked to tell the court what they feel can sometimes feel like they are having to choose between parents.

You should try to avoid involving children in your arguments. No matter how badly you feel towards your ex-spouse. It may be in the child’s best interest for you to remain civil with your ex-spouse.

It may be helpful to contact a support group who are able to offer advice on how to protect your children’s emotional wellbeing. You can find a range of helpful information on the interest aimed both at parents and children. 

How much maintenance am I required to provide for the children?

The welfare of children is a priority this includes providing them with a home. This applies to children under the age of 16 and children under the age of 18 who are still in full time education. The courts can request that you provide maintenance to older children who are still in full time education or who have special needs.

The Child Support Agency calculates the amount of maintenance that non-resident parents must pay by using a formula. This is usually 15% of the net income for a single child. This then increases to 20% for two children and 25% for three or more children.

This amount may be reduced if the non-resident parent has extra costs or other children to support. There are a number of other circumstances in which the CSA can vary the amount of maintenance a non-resident parent is required to pay. For example if the child was to spend time at the non-residents parents’ house.

In many cases either parent can apply to the CSA to assess the level of maintenance to be paid. This overrides any agreement set out between the parents.

Either parent is also eligible to apply to the courts for a top up in the level of maintenance this may be for example to help fund private education. 

If I am not the children’s father am I still required to provide maintenance?

If you have been treating the child as if they were your own then the child is classed as a child of the family and you will have parental responsibility.

This would mean if you were to separate the child may continue to live with either parent and the other parents could be ordered to pay child maintenance. Your ex-spouse could ask the court to provide maintenance for your step children and to continue paying for what you were previously paying for before you divorced. The court would however take into account the ability of the child’s natural parents to provide financial support.

 

If my children live with my ex-spouse am I able to have a say over how they are brought up?

You continue to have parental responsibility even though your children are living with your ex-spouse, therefore you have a say in how your children are brought up. If you are unable to reach an agreement with your ex you are able to apply to the court for a specific issue order. The courts decisions will be based on what is in the child’s best interests. 

In a divorce do we have to get a court order to say what is happening to our children?

In many cases a divorcing couple will agree amongst themselves what will happen to the child and a court order is not required. However the court must be made aware what your plans are to consider whether they are in the best interest of the child. There are restriction on changing a child’s name and taking them out of the country. 

What am I supposed to do if my ex-spouse refuses to let me see the children?

If you haven’t applied for a contact order you should apply to the court for one. If your ex still refuses to stop you seeing your children despite a contact order being granted you should go back to the court. The court will then take appropriate action as your ex is breaching the contact order. The court may fine or imprison your ex. The court is usually reluctant to do this as it would not be in the best interest of your child.

This may mean that enforcing your contact rights can be a drawn out stressful process. You may need to return to court on several occasions, ensure you keep notes to use as evidence of how your ex is stopping you from having the agreed contact with your child. 

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children.  Usually, parents sort this out amongst themselves, although if there are problems, mediation can be a good way to resolve this. Our family law solicitors will advise you on Shared Care Agreements and Live With and Spend Time with Orders. Going to Court should always be the last resort when children are involved. 

Relationships and Children Resources

How to Make a Will

How to Make a Will

Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.

What Happens When a Parent Breaches a Court Order?

What Happens When a Parent Breaches a Court Order?

When a Court issues an Order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one party may disregard or breach a Court Order, causing frustration and potential harm to the child and the other party. This article aims to shed light on the consequences and legal recourse available when a party breaches a Court Order in the context of family law.

 Advice on Parental Alienation

Advice on Parental Alienation

Shetal Gudgeoun talks about the signs and symptoms of parental alienation and what you can do.

How to Tell Your Children That You Are Separating

How to Tell Your Children That You Are Separating

Download our free guide for help and advice on how to tell your children that you are separating.

No fault divorce- what are the changes?

No fault divorce- what are the changes?

You may well have heard in the news that the government are reforming the divorce process to introduce the so called ‘no fault divorce’ . This shall remove the element of fault and blame from the current divorce process and it is hoped that this will assist separating couples, making the court process less fraught and upsetting.

Do grandparents have a right to contact with their grandchildren?

Do grandparents have a right to contact with their grandchildren?

 

When a couple makes the decision to divorce, the breakdown of the relationship can have far-reaching consequences. Unfortunately, grandparents of any children of the relationship can suffer and even be prevented from seeing their grandchildren as often as they would like. However, there are certain actions grandparents can take to secure their relationship with their beloved grandchildren and in this article, we look at some of the solutions to a very sensitive legal problem.

Child vaccinations and what happens when the parents disagree

Child vaccinations and what happens when the parents disagree

All child vaccinations in the UK are voluntary and therefore parental consent must be given prior to the vaccination.

The Divorce Process

The Divorce Process

This guide explains the divorce process and covers the key points that anyone considering, or in the process of, a divorce should understand.

What to do when a summer break becomes a summer break up?

What to do when a summer break becomes a summer break up?

When it comes to holidays, most people look to forward to spending time with their loved ones. We all need time to recharge and "get away from it all".
Why children come first in a divorce

Why children come first in a divorce

During a break up, being fair and civilised to each other is often the best you can hope for, but when there are children involved emotions need to be set aside.

Practical Advice - Taking Children Abroad After Separation

Practical Advice - Taking Children Abroad After Separation

Planning ahead is important for most family holidays, but if you are looking to take your children abroad and you have separated or divorced, then the sooner you prepare this, the better.

Applying to Court for Children Arrangements

Applying to Court for Children Arrangements

We've created a downloadable resource to help you to understand the key factors and procedures in applying to court.

Children & Separation Guide

Children & Separation Guide

Getting through a divorce or separation is hard at the best of times but is often even harder when there are children involved in the relationship. Use our helpful guide for tips on explaining the situation to the children.

Divorce

You can't begin to imagine how grateful I am to you.  You have been matter of fact rather than thinking about the earning potential.  You are a lovely women so thank you so so much.  

Mrs L, Hasland

I would like to say a big thank you for your understanding at a very stressful time. You not only acted professionally but with great compassion. My family can not say in words how difficult a time we are having, and it means so much to have just a little kindness. No matter what the outcome today, you did a wonderful job.

Mr W, Swinton

You were very helpful and sympathetic whilst dealing with my case and your knowledge and advice was excellent. Once initiated, my case was dealt with speed, professionalism. Good contact and communication was maintained throughout.

Mr G, Staveley

Peter Jones is a very good solicitor, and helped and advised me to do what was best. He does not pressure you into taking his advice.

Mrs B, Boythorpe

Absolutely brilliant service. Thank you so much!

Mrs D, Grassmoor

Banner Jones Solicitors provided an excellent service in what was a slow and difficult divorce matter. The advice and persistence was very reassuring and eventually led to a good outcome.

Miss M, Chesterfield

Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.

Mrs W, Mansfield

Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.

Mr C, Dronfield

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.

Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.

Mr W, Nottinghamshire

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