Emma Clough is a member of the Law Society’s Children Panel which is a recognition of her expertise in this area. The law in respect of children is divided into Public and Private Law. Most people will be involved in Private Law Proceedings between members of the family. Public Law Proceedings involve the Local Authority (Social Services).
Private Law Children Proceedings
All members of Brearleys team are experienced in dealing with Private Law Children Act Matters. These can include applications for Residence Orders (defining with whom a child should live), Contact Orders setting out details of contact arrangements between children, their parents or other members of the family and sometimes other significant people. There are also many other types of Orders that can be obtained from the Court such as Special Guardianship Orders (these are new Orders which confer “super parental responsibility” upon the recipient).
We will advise you who has parental responsibility in respect of a child and this means who is able to make important decisions about that child’s welfare and upbringing such as which school they attend or whether they have a life threatening operation or not. At Brearleys we will identify who has parental responsibility and consider the concerns in relation to the children and advise you of the best course of action. Many cases can be resolved through correspondence alternatively your case maybe suitable for mediation and a trained mediator will assist in the process albeit that we will continue to act in your best interest. Some cases do require Court intervention and we pride ourselves on our expertise in applying to the Court in emergency situations.
Emergency remedies in children cases
If there is an emergency, applications can be made to the Court often the same day that you see a solicitor and without the other parties knowledge, this is what is called an ex-parte order. Orders could be used to prevent removal of a child, or when seeking emergency Residence Orders to define where a child should live. We will guide you through the court procedure and explain the role of CAFCASS officers in your case should it become necessary.
The Courts paramount concern is the welfare of the children when dealing with an application and we will advise you on the likely outcome of your case in your circumstances.
We recognise that cases involving children are usually highly emotional and
we are able to deal with these with empathy, confidence and professionalism.
You may be eligible for Public Funding and with proof of income and outgoings we will assess this for you.