Best Child Visitation Lawyers in Fareham

About Child Visitation Law in Fareham, United Kingdom

Child visitation, often referred to as child contact in the United Kingdom, concerns the arrangements that allow a child to spend time with a parent or other significant persons with whom they do not primarily live. In Fareham, this area of family law is governed both by nationwide statutes and local court practices. The focus is always on the child’s best interests, aiming to ensure that children can maintain a relationship with both parents and extended family members whenever possible, unless there are safety or welfare concerns.

Why You May Need a Lawyer

There are various situations in which you may need legal advice or representation regarding child visitation in Fareham:

• You and the other parent cannot agree on contact arrangements for your child.
• There are concerns over the safety or welfare of the child during visits.
• A parent is being denied contact or is not adhering to an existing agreement or court order.
• The circumstances of either parent change, and existing arrangements no longer suit the child’s needs.
• You need to apply for or respond to a court order about child contact.
• There are allegations of abuse, neglect, or substance misuse.
• You wish to move with your child or the other parent is planning to relocate.

A lawyer can give you advice on your rights, help with negotiations, prepare necessary documents, and represent you in court if required.

Local Laws Overview

Child visitation laws in Fareham are based on UK-wide legislation, namely the Children Act 1989. Local courts, such as the Portsmouth Family Court, handle cases for Fareham. Key aspects include:

• Best Interests of the Child: The court’s paramount concern is the child’s welfare.
• Parental Responsibility: Both parents usually retain parental responsibility regardless of contact arrangements.
• Child Arrangements Order: This can set out with whom the child lives and spends time, including dates and times of contact.
• Direct and Indirect Contact: Contact can be face-to-face or through phone calls, video chats, or letters.
• Mediation Requirement: In most cases, you must attempt mediation before applying to court unless there are safety concerns.
• Enforcement: Courts can enforce orders and take action if a parent consistently breaches arrangements.
• Involvement of Cafcass: The Children and Family Court Advisory and Support Service (Cafcass) may be involved to consider the child’s wishes and welfare.

Frequently Asked Questions

What is a child arrangements order?

A child arrangements order is a court order that sets out where a child will live and who they will spend time with or otherwise have contact with. It replaces what was previously called a contact or residence order.

Do I need a court order for child contact in Fareham?

Not always. Many parents come to informal agreements. However, if you cannot agree, or if there are concerns about safety or reliability, you may need to apply to the court for a legally binding order.

Can my child’s wishes be taken into account?

Yes. Depending on the child's age and level of understanding, the court may consider their wishes. Cafcass may speak with your child to help the court understand their feelings.

How do I enforce a child contact order?

If a contact order is not being followed, you can apply to the court for enforcement. The court may impose conditions, change the order, or in serious cases, issue penalties for non-compliance.

What can I do if I have safety concerns about the other parent?

If you have fears for your child’s safety, you should raise these with your solicitor, the court, or relevant authorities. Contact can be supervised, restricted, or suspended in certain circumstances to protect your child.

Do grandparents have rights to see their grandchildren?

Grandparents do not have automatic rights, but they can apply to the court for permission to seek contact. The court’s main concern remains the child’s welfare.

Do I have to attend mediation before going to court?

Yes, in most cases you must attend a Mediation Information and Assessment Meeting (MIAM) unless there are exemptions such as domestic abuse or urgency.

Can contact arrangements be changed?

Yes. Arrangements can be altered if circumstances change or if it would be better for the child. This can be done by agreement or, if necessary, by applying to court.

What is Cafcass and what do they do?

Cafcass stands for Children and Family Court Advisory and Support Service. They advise the court on what arrangements are in the best interest of the child and may meet with both children and parents.

Can I represent myself in court for a child visitation case?

Yes, you can represent yourself, known as being a litigant in person. However, family law can be complex, and you may wish to seek legal advice to help present your case effectively.

Additional Resources

If you need more information or support regarding child visitation in Fareham, here are some helpful resources:

• Fareham Borough Council - for local family support services and advice.
• CAFCASS (Children and Family Court Advisory and Support Service) - for information on their role in child contact cases.
• Citizens Advice Fareham - offers free and confidential guidance on family law issues.
• Family Mediation Services - can help parents reach agreement without going to court.
• Portsmouth Family Court - serves the Fareham area for family law proceedings.
• Legal Aid Agency - you may be eligible for legal aid in certain cases, especially where there are safety concerns.

Next Steps

If you need assistance with child visitation in Fareham, you should:

• Try to reach an agreement with the other parent or guardian if possible.
• Consider mediation and attend a Mediation Information and Assessment Meeting if necessary.
• Gather any documents or evidence related to your case, including previous agreements or relevant communications.
• Seek legal advice from a solicitor who is experienced in family law and familiar with Fareham’s local practices.
• If agreement cannot be reached, prepare to apply to the local family court for a child arrangements order.
• Stay focused on what is best for your child, and be honest and open during all proceedings.

Taking early advice can help you understand your rights and responsibilities, and may improve outcomes for both you and your child.