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	<title>Children | Brindley Twist Tafft &amp; James</title>
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	<description>BTTJ are an expert solicitor and lawyer firm based in Coventry, UK. Our services include family law, commercial property &#38; personal injury.</description>
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	<title>Children | Brindley Twist Tafft &amp; James</title>
	<link>https://www.bttj.com/category/family-divorce/children/</link>
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	<item>
		<title>New member of our Family &#038; Matrimonial team</title>
		<link>https://www.bttj.com/2026/04/16/new-member-of-our-family-matrimonial-team/</link>
					<comments>https://www.bttj.com/2026/04/16/new-member-of-our-family-matrimonial-team/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Thu, 16 Apr 2026 13:41:02 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Cohabitation]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=15042</guid>

					<description><![CDATA[<p>We are delighted to welcome Catrin Jarvie to our Family &#38; Matrimonial team. Catrin (known as Cat) joined BTTJ in April 2026 as a Legal Assistant in our, based in our Balsall Common office, working alongside Kate Booth and Natasha Aspinall. She qualified as a Solicitor in 2006 and specialised in family law, working at firms in the [&#8230;]</p>
<p>The post <a href="https://www.bttj.com/2026/04/16/new-member-of-our-family-matrimonial-team/">New member of our Family &amp; Matrimonial team</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>We are delighted to welcome Catrin Jarvie to our Family &amp; Matrimonial team.</p>



<p>Catrin (known as Cat) joined BTTJ in April 2026 as a Legal Assistant in our, based in our Balsall Common office, working alongside <a href="https://www.bttj.com/team-member/kate-booth/">Kate Booth</a> and <a href="https://www.bttj.com/team-member/natasha-aspinall/">Natasha Aspinall</a>.</p>



<p>She qualified as a Solicitor in 2006 and specialised in family law, working at firms in the West Midlands and Warwickshire. Before joining us, Catrin spent the last year working at a charity in Solihull.</p>



<p>During her career Catrin has dealt with all aspects of&nbsp;<a href="https://www.bttj.com/individuals/family-divorce/divorce-solicitors/">divorce</a>&nbsp;and financial matters,&nbsp;<a href="https://www.bttj.com/individuals/family-divorce/children/">children matters</a>,&nbsp;<a href="https://www.bttj.com/individuals/family-divorce/emergency-injuctions/">injunctions</a>&nbsp;and&nbsp;<a href="https://www.bttj.com/individuals/family-divorce/cohabitation-solicitors/">cohabitation</a>&nbsp;matters.</p>



<p>Welcome to the team Catrin, from all at BTTJ Solicitors!</p>
<p>The post <a href="https://www.bttj.com/2026/04/16/new-member-of-our-family-matrimonial-team/">New member of our Family &amp; Matrimonial team</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">15042</post-id>	</item>
		<item>
		<title>Right to flight? Warning issued over parental holiday permission</title>
		<link>https://www.bttj.com/2025/06/04/right-to-flight-warning-issued-over-parental-holiday-permission/</link>
					<comments>https://www.bttj.com/2025/06/04/right-to-flight-warning-issued-over-parental-holiday-permission/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Wed, 04 Jun 2025 13:19:54 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[childrens law]]></category>
		<category><![CDATA[divorce]]></category>
		<category><![CDATA[family law]]></category>
		<category><![CDATA[Parental responsibilty]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=14114</guid>

					<description><![CDATA[<p>A growing number of parents with children from previous relationships incorrectly assume they have an automatic right to take the whole family on holiday.</p>
<p>A couple planning to take a stepchild on a break may not realise they need the other biological parent's consent if both parents share Parental Responsibility</p>
<p>The post <a href="https://www.bttj.com/2025/06/04/right-to-flight-warning-issued-over-parental-holiday-permission/">Right to flight? Warning issued over parental holiday permission</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>A growing number of parents with children from previous relationships incorrectly assume they have an automatic right to take the whole family on holiday.</p>



<p>A couple planning to take a stepchild on a break may not realise they need the other biological parent&#8217;s consent if both parents share Parental Responsibility, a legal term surroundingthe rights, duties, powers, responsibilities, and authorities a parent has in relation to a child under the law.</p>



<p>All mothers will automatically have Parental Responsibility together with fathers who are registered on the birth certificate. They will not lose it if they are divorced, or the civil partnership is dissolved.&nbsp;</p>



<p>The issue is growing in importance with the increase in the number of ‘blended’ families, where each partner has children from a previous relationship. Roughly 1.1 million children in England and Wales live in blended families, according to UK Government figures.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>Family &amp; Matrimonial Solicitor, <a href="https://www.bttj.com/team-member/natasha-aspinall/">Natasha Aspinall</a> says:</p>



<p>“There is a common misconception that those who hold Parental Responsibility in relation to their child or children automatically have a right to take their child abroad. This is incorrect, the term Parental Responsibility attempts to focus on the parents’ duties toward their child rather than the parents’ rights over the child.</p>



<p>The general day-to-day decisions should be made by the parent with whom the children reside without interference from the other parent, subject to any additional provisions.  Important decisions regarding a child, such as taking a child abroad for an extended stay for example, need to be made by everyone with Parental Responsibility for the child.</p>



<p>If a blended family wants to go on a break, it&#8217;s generally necessary to obtain the other parent’s agreement. If the biological parent doesn&#8217;t agree, you might need to apply to the court for permission. No one wants to discover this when the bags are waiting by the doorway and the airport taxi is booked.</p>



<p>What time each parent is to spend with a child is to be agreed between the parties and if an agreement cannot be reached then either party will need to make an application to the court for a Child Arrangements Order (CAO). A CAO is a legally binding court order in the UK that specifies where a child will live, who they will spend time with, and the nature of that contact. The court will expect the parties to have engaged in mediation before the application is made.</p>



<p>CAOs let each parent, as well as their new partners, know where they stand and prevent misunderstandings and disagreement, leading to more stability for the child, It also helps ease any uncertainty for the parent that does not live with the child by alleviating any anxiety they may have about feeling like the ‘lesser’ parent.”  </p>
</blockquote>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p>If you need advice on any <a href="https://www.bttj.com/individuals/family-divorce/children/">Parental Responsibility</a> related matters, please <a href="https://www.bttj.com/contact-us/">talk to us</a>. Whatever the circumstance, we can advise on and apply for parental responsibility if required.</p>
<p>The post <a href="https://www.bttj.com/2025/06/04/right-to-flight-warning-issued-over-parental-holiday-permission/">Right to flight? Warning issued over parental holiday permission</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></content:encoded>
					
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		<post-id xmlns="com-wordpress:feed-additions:1">14114</post-id>	</item>
		<item>
		<title>Spotlight on our Family and Matrimonial Services</title>
		<link>https://www.bttj.com/2025/06/02/spotlight-on-our-family-and-matrimonial-services/</link>
					<comments>https://www.bttj.com/2025/06/02/spotlight-on-our-family-and-matrimonial-services/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Mon, 02 Jun 2025 15:32:38 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Cohabitation]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[children law]]></category>
		<category><![CDATA[cohabitation]]></category>
		<category><![CDATA[cohabitation agreement]]></category>
		<category><![CDATA[divorce]]></category>
		<category><![CDATA[divorce solicitor]]></category>
		<category><![CDATA[family law]]></category>
		<category><![CDATA[family lawyers]]></category>
		<category><![CDATA[injunction]]></category>
		<category><![CDATA[matrimonial law]]></category>
		<category><![CDATA[pre-nuptual]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=14097</guid>

					<description><![CDATA[<p>This week we’re highlighting our Family and Matrimonial Services. At Brindley Twist Tafft and James. Our Family and Matrimonial Law solicitors understand that clients may be feeling uncertain about their future. </p>
<p>The post <a href="https://www.bttj.com/2025/06/02/spotlight-on-our-family-and-matrimonial-services/">Spotlight on our Family and Matrimonial Services</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>This week we’re highlighting our Family and Matrimonial Services. At Brindley Twist Tafft and James. Our Family and Matrimonial Law solicitors understand that clients may be feeling uncertain about their future. We know that you may be facing a situation that you find upsetting and you need somebody you can trust. Our solicitors are incredibly compassionate, supportive and will do everything they can to help take away your stress.</p>



<p>Our expertise runs across the full breadth of family law and covers:</p>



<ul class="wp-block-list">
<li><a href="https://www.bttj.com/individuals/family-divorce/matrimonial/">Divorce and Separation</a></li>



<li><a href="https://www.bttj.com/individuals/family-divorce/matrimonial/">Financial Settlements</a></li>



<li><a href="https://www.bttj.com/individuals/family-divorce/cohabitation-solicitors/">Cohabitation</a></li>



<li><a href="https://www.bttj.com/individuals/family-divorce/matrimonial/">Pre-Nuptial Agreements</a></li>



<li><a href="https://www.bttj.com/individuals/family-divorce/children/">Children</a></li>



<li><a href="https://www.bttj.com/individuals/family-divorce/emergency-injuctions/">Emergency Injunctions</a></li>
</ul>



<p></p>



<h1 class="wp-block-heading"><strong><u>Meet the team</u></strong></h1>



<p></p>



<p><a href="https://www.bttj.com/team-member/kate-booth/">Kate Booth</a></p>



<p>Our team is headed up by Solicitor Kate Booth. Kate joined BTTJ as Head of Department in October 2021. Kate qualified as a solicitor in 2006 and has specialised in family law throughout her career, at firms in Warwickshire and the West Midlands.</p>



<p>Kate deals with private family law cases including divorce and related financial matters, children, injunction and cohabitation issues. She also advises clients in connection with pre-nuptial and cohabitation agreements. Kate ensures that she is fully informed of developments in the law and has a thorough approach to the preparation of documents to ensure her clients’ interests are protected.</p>



<p>Kate works across our Coventry &amp; Warwick offices.</p>



<p><a href="https://www.bttj.com/team-member/natasha-aspinall/">Natasha Aspinall</a></p>



<p>Natasha qualified as a Solicitor in 2003. She joined us in our&nbsp;Family &amp; Matrimonial&nbsp;department in November 2022, based out of our&nbsp;Balsall Common&nbsp;office.</p>



<p>Natasha joined us from a local Solicitors firm where she worked as Head of the Family Law department for 5 years.</p>



<p>She deals with a whole range of family matters whether they are straight forward or very complex.</p>



<p>Natasha is also a member of the&nbsp;<a href="https://www.lawsociety.org.uk/">Law Society</a>‘s Family Law Panel. The Law Society developed the specialised Children Panel Accreditation Scheme for solicitors who specialise in this area. Membership depends on meeting the Law Society’s rigorous standards.&nbsp;</p>



<p>Samantha Chater</p>



<p>Specialising in Matrimonial Law, Samantha qualified as a solicitor in 1996.&nbsp; She has a wealth of experience in acting for clients in divorce, Children Act matters, the division of marital finances, injunctions where clients have been the victim of domestic violence and cohabitee disputes. Samantha also deals with pre-Nuptial agreements and special guardianship applications. Her years of experience have been recognised by her acquiring two solicitor accreditations.</p>



<p>Samantha has represented parents and children in complex Children Act Disputes.&nbsp; Samantha has had one of her cases reported on when it went to the Court of Appeal on a significant issue as to whether an alleged perpetrator of abuse could cross-examine the alleged victim or whether the state should fund an advocate to do so.</p>



<p>Samantha is well known and well established in her field particularly for her professionalism, commitment, hard work and for being approachable.&nbsp; Consequently, she enjoys a number of recommendations from previous clients and other professionals. Samantha works across our Coventry and Southam offices.</p>



<p><a href="https://www.bttj.com/team-member/nancy-tebbutt/">Nancy Tebbutt</a></p>



<p>Nancy joined BTTJ in November 2022 as Paralegal and was promoted to the position of Trainee Solicitor in September 2024. Nancy has continued her training within our&nbsp;Family &amp; Matrimonial&nbsp;team.</p>



<p>Nancy started her LLB at Royal Holloway, University of London in September 2019 and graduated with first class honours in July 2022.</p>



<p>She started working towards her LPC LLM in September 2023, passing with distinction from BPP university.</p>



<p>Nancy is a member of the&nbsp;<a href="https://www.warwickshirelawsociety.com/">Warwickshire Law Society</a>&nbsp;Warwickshire Junior Lawyers Division.</p>



<p>Our Solicitors also have dedicated support in their legal secretarial support team comprising of Dawn, Michelle and Jane.</p>



<p></p>



<p>As members of&nbsp;<a href="https://resolution.org.uk/">Resolution</a>, our Family Team work in accordance with their Code of Practice to deal with matters in a constructive manner. Our solicitors work with you to provide support and explore all options including not only the court process, but other methods of dispute resolution to best suit your individual needs.</p>



<p>As a long-established family law department, we have close links with and immediate access to specialist barristers, financial advisors and accountants, all of whom we know to be professional, sympathetic and highly competent.&nbsp; Our focus is always to ensure that your interests are protected.</p>



<p>We pride ourselves on being able to listen and understand precisely what you want, without making any assumptions of what we think you may need.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p>We have offices in <a href="https://www.bttj.com/location/coventry/">Coventry</a>, <a href="https://www.bttj.com/solicitors-warwick/">Warwick</a>, <a href="https://www.bttj.com/solicitors-southam/">Southam</a> and <a href="https://www.bttj.com/solicitors-balsall-common/">Balsall Common</a> and our solicitors work across the whole of the Coventry and Warwickshire region and beyond. Please <a href="https://www.bttj.com/contact-us/">contact us</a> to see how we can assist.</p>
<p>The post <a href="https://www.bttj.com/2025/06/02/spotlight-on-our-family-and-matrimonial-services/">Spotlight on our Family and Matrimonial Services</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">14097</post-id>	</item>
		<item>
		<title>Misconception on what Parental Responsibility means</title>
		<link>https://www.bttj.com/2025/03/12/misconception-on-what-parental-responsibility-means/</link>
					<comments>https://www.bttj.com/2025/03/12/misconception-on-what-parental-responsibility-means/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Wed, 12 Mar 2025 11:53:41 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[children]]></category>
		<category><![CDATA[childrens law]]></category>
		<category><![CDATA[family]]></category>
		<category><![CDATA[family law]]></category>
		<category><![CDATA[family lawyers]]></category>
		<category><![CDATA[parental responsibility]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=13910</guid>

					<description><![CDATA[<p>There is a common misconception that those who hold Parental Responsibility in relation to their child or children automatically have a right to have contact with those children.  This is incorrect. </p>
<p>The post <a href="https://www.bttj.com/2025/03/12/misconception-on-what-parental-responsibility-means/">Misconception on what Parental Responsibility means</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>There is a common misconception that those who hold Parental Responsibility in relation to their child or children automatically have a right to have contact with those children.&nbsp; This is incorrect.&nbsp;</p>



<p>Parental Responsibility is defined by the <a href="https://www.legislation.gov.uk/ukpga/1989/41/contents">Children Act 1989</a> as “<em>all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and their property”.  </em>The term parental responsibility attempts to focus on the parents’ duties toward their child rather than the parents’ rights over the child.</p>



<p>Where important decisions regarding a child need to be made then all of those with Parental Responsibility for the child should be involved in such decisions.&nbsp;&nbsp; The general day to day decisions should be made by the parent with whom the children reside without interference from the others that hold parental responsibility.&nbsp;&nbsp; The important decisions which should only be made by those who hold parental responsibility are as follows:</p>



<ol class="wp-block-list">
<li>Decisions regarding the child’s education and choice of school.</li>



<li>Changing a child’s name.</li>



<li>Consenting to a child’s operation or certain medical treatment.</li>



<li>Consenting to take a child abroad for holidays or extended stays.</li>



<li>Determining the religion the child should be brought up with.</li>
</ol>



<p>All mothers will automatically have parental responsibility and fathers who are married to or in a civil partnership with the mother automatically have parental responsibility and will not lose that if they are divorced or the civil partnership is dissolved.&nbsp;&nbsp;&nbsp; A father who is not married or in a civil partnership with the mother can obtain parental responsibility in the following ways:</p>



<ol class="wp-block-list">
<li>Marrying or entering into a civil partnership with mother</li>



<li>Having his name registered or re-registered on the birth certificate if his name is not already registered.</li>



<li>Entering into a Parental Responsibility agreement with mother.</li>



<li>Obtaining a Parental Responsibility Order from the Court.</li>



<li>Having obtained a Residence Order prior to the 22 April 2014.</li>



<li>Being named as the resident parent under a Child Arrangements Order.</li>
</ol>



<p>However, Parental Responsibility does not provide an automatic right to the holder to have contact with a child.    What time each parent is to spend with a child is to be agreed between the parties and if an agreement cannot be reached then either party will need to make an application to the Court for a Child Arrangements Order.   Prior to such an application being made the Court will expect the parties to have engaged in Mediation to ascertain whether an agreement can be reached.</p>



<p><strong>Our <a href="https://www.bttj.com/individuals/family-divorce/">family department</a> has extensive experience with handling <a href="https://www.bttj.com/individuals/family-divorce/children/">children cases</a>. If you need assistance please <a href="https://www.bttj.com/contact-us/">contact</a> our friendly team to see how we can help.</strong></p>



<p>Article written by Family &amp; Matrimonial Solicitor, <a href="https://www.bttj.com/team-member/natasha-aspinall/">Natasha Aspinall.</a></p>
<p>The post <a href="https://www.bttj.com/2025/03/12/misconception-on-what-parental-responsibility-means/">Misconception on what Parental Responsibility means</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">13910</post-id>	</item>
		<item>
		<title>Can I take my child on holiday during term time – The do&#8217;s and dont&#8217;s</title>
		<link>https://www.bttj.com/2024/06/17/can-i-take-my-child-on-holiday-during-term-time/</link>
					<comments>https://www.bttj.com/2024/06/17/can-i-take-my-child-on-holiday-during-term-time/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Mon, 17 Jun 2024 03:00:00 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[children]]></category>
		<category><![CDATA[childrens holidays]]></category>
		<category><![CDATA[family law]]></category>
		<category><![CDATA[term time]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=12875</guid>

					<description><![CDATA[<p>An issue arising more and more approaching children’s school holidays is whether parent’s take their children out of school during term time to holiday abroad and reduce costs. </p>
<p>The post <a href="https://www.bttj.com/2024/06/17/can-i-take-my-child-on-holiday-during-term-time/">Can I take my child on holiday during term time – The do&#8217;s and dont&#8217;s</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>An issue arising more and more approaching children’s school holidays is whether parents take their children out of school during term time to holiday abroad and reduce costs. Whilst it is appreciated why this is attractive it is important that parents understand the implications.</p>



<p>First and foremost, if you are separated from the other parent and they share parental responsibility with you for your child then any holiday abroad must be communicated to them, and you must obtain their consent.&nbsp;If you do not have their consent, then you will need to apply to the Court for a Specific Issue Order.&nbsp;&nbsp;</p>



<p>Secondly, parents need to be aware that to take a child out of school during term time you will need the school’s permission to do so.&nbsp;Permission is usually only granted in exceptional circumstances. If you do not obtain permission, then there is a possibility you may be fined.&nbsp;&nbsp; Different regions impose different fines and take a different approach to this.</p>



<p><strong>If you are considering taking your child out of school during term time for a holiday and you feel that you do need some advice and assistance with this issue, then please do not hesitate to <a href="https://www.bttj.com/contact-us/">make contact</a> with one of our experienced <a href="https://www.bttj.com/individuals/family-divorce/">Family Solicitors</a> here at BTTJ.</strong></p>



<p>Article written by Family &amp; Matrimonial Solicitor <a href="https://www.bttj.com/team-member/natasha-aspinall/">Natasha Aspinall </a></p>
<p>The post <a href="https://www.bttj.com/2024/06/17/can-i-take-my-child-on-holiday-during-term-time/">Can I take my child on holiday during term time – The do&#8217;s and dont&#8217;s</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">12875</post-id>	</item>
		<item>
		<title>Role of Cafcass in separation and divorce</title>
		<link>https://www.bttj.com/2024/02/12/role-of-cafcass-in-separation-and-divorce/</link>
					<comments>https://www.bttj.com/2024/02/12/role-of-cafcass-in-separation-and-divorce/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Mon, 12 Feb 2024 09:51:33 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[cafcass]]></category>
		<category><![CDATA[divorce]]></category>
		<category><![CDATA[family law]]></category>
		<category><![CDATA[matrimonial law]]></category>
		<category><![CDATA[section 7]]></category>
		<category><![CDATA[seperation]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=12624</guid>

					<description><![CDATA[<p>When parents separate one of the most contentious aspects can be how they will share the care of their children. </p>
<p>If negotiation and mediation fail  an application to the Court may be required. The Court will automatically appoint Cafcass to commence their involvement and investigate matters.  </p>
<p>The post <a href="https://www.bttj.com/2024/02/12/role-of-cafcass-in-separation-and-divorce/">Role of Cafcass in separation and divorce</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>When parents separate one of the most contentious aspects can be how they will share the care of their children.&nbsp;</p>



<p>If negotiation and mediation fail, an application to the Court may be required. The Court will automatically appoint Cafcass to commence their involvement and investigate matters.&nbsp;</p>



<p><a href="https://www.cafcass.gov.uk/">Cafcass</a> is an acronym for Children and Family Court Advisory and Support Service.&nbsp; They are effectively the eyes and ears of the Court and are an independent organisation who will, as part of their work, investigate any safeguarding welfare concerns, potentially speak to the children and report back to the Court as to their findings and what their recommendations will be about the children’s care.&nbsp;</p>



<p>The initial safeguarding report will be timetabled by the Court requiring Cafcass to give an initial view as to whether matters can resolve via mediation or by negotiation or if a further in-depth report , known as a <a href="https://www.cafcass.gov.uk/parent-carer-or-family-member/applications-child-arrangements-order/court-process-and-what-expect/court-asks-fca-write-report-if-your-case-goes-beyond-first-hearing-section-7-reports">section 7 report</a>, is required.&nbsp;The section 7 report can commonly take at least 12 to 15 weeks to be prepared and is intended to be a detailed assessment of the children’s situation.</p>



<p>Cafcass will consider within their report what they think is in the best interest of the children. when making their recommendations they will take into account the provisions of The Welfare Checklist which is set out in the <a href="https://www.legislation.gov.uk/ukpga/1989/41/contents">Children Act 1989</a>. This includes considering the case in light of the child or children’s age, sex, developmental needs, health needs, level of understanding, any risk factors and their wishes and feelings.</p>



<p>Such a report will aid the Court in making decisions as to children’s long-term care and the time they spend with each of their parents.&nbsp;Cafcass therefore is extremely influential to the Court in their recommendations.&nbsp;&nbsp;</p>



<p><strong>Our team of experienced solicitors can advise and assist parents concerning their applications in relation to the care of their children.&nbsp;We can assist with advising parents in respect of their application and representing them throughout and within the Court proceedings.</strong></p>



<p><strong>For help and advice on the above or any other <a href="https://www.bttj.com/individuals/family-divorce/">family or matrimonial</a> matter please <a href="https://www.bttj.com/contact-us/">contact</a> our team who will be happy to assist.&nbsp;&nbsp;We have offices in <a href="https://www.bttj.com/location/coventry/">Coventry</a>, <a href="https://www.bttj.com/location/warwick/">Warwick</a>, <a href="https://www.bttj.com/location/balsall-common/">Balsall Common</a> and <a href="https://www.bttj.com/location/southam/">Southam</a> and cover the whole of the Coventry and Warwickshire area &amp; beyond. </strong></p>



<p>Article written by Samantha Chater, Family and Matrimonial Solicitor.</p>
<p>The post <a href="https://www.bttj.com/2024/02/12/role-of-cafcass-in-separation-and-divorce/">Role of Cafcass in separation and divorce</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">12624</post-id>	</item>
		<item>
		<title>Guardianship: what exactly is this?  Who can be appointed as a Guardian and who will care for my children if I die?</title>
		<link>https://www.bttj.com/2023/04/03/guardianship-what-exactly-is-this-who-can-be-appointed-as-a-guardian-and-who-will-care-for-my-children-if-i-die/</link>
					<comments>https://www.bttj.com/2023/04/03/guardianship-what-exactly-is-this-who-can-be-appointed-as-a-guardian-and-who-will-care-for-my-children-if-i-die/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Mon, 03 Apr 2023 10:09:04 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[children]]></category>
		<category><![CDATA[guardians]]></category>
		<category><![CDATA[guardianship]]></category>
		<category><![CDATA[parental rights]]></category>
		<category><![CDATA[parents]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=11510</guid>

					<description><![CDATA[<p>The term ‘Guardian’ for lawyers means a parent or a person who takes over a parent’s responsibilities after their death.&#160; Parental Responsibility (“PR”) means the rights and responsibilities to make decisions for a child who is under the age of 18. Mothers and married parents always, have PR.&#160; Fathers who are named on the child’s [&#8230;]</p>
<p>The post <a href="https://www.bttj.com/2023/04/03/guardianship-what-exactly-is-this-who-can-be-appointed-as-a-guardian-and-who-will-care-for-my-children-if-i-die/">Guardianship: what exactly is this?  Who can be appointed as a Guardian and who will care for my children if I die?</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>The term ‘Guardian’ for lawyers means a parent or a person who takes over a parent’s responsibilities after their death.&nbsp;</p>



<p>Parental Responsibility (“PR”) means the rights and responsibilities to make decisions for a child who is under the age of 18.</p>



<p>Mothers and married parents always, have PR.&nbsp; Fathers who are named on the child’s birth certificate, or who enter into a formal agreement will also have PR. The court can also make an order giving PR.&nbsp;</p>



<p>But what happens if one or both parents die or if a single parent dies and the other parent has PR but has had little or nothing to do with the child.&nbsp; Who cares for the child then?&nbsp;</p>



<p>In blended families, parents sometimes assume that a step-parent will automatically take on care of their children. However this will not be the case where the step parent does not have PR.</p>



<p>Parents need to give consideration to appointing a guardian in their <a href="https://www.bttj.com/individuals/wills/">Will</a>.&nbsp; A parent may understandably not want to consider their own death, particularly if they are in good health, however in order to ensure their children are cared for by someone they trust and whom the children are familiar with, this issue needs to be considered.</p>



<p>Anyone can be appointed as a guardian as long as they are over 18.&nbsp; In addition, more than one person can be appointed as a guardian.&nbsp;&nbsp;</p>



<p>Appointing a guardian can be achieved by a provision in your will.&nbsp; This allows the parent to have that conversation with their chosen guardian in advance to ensure that they are happy to take on the role should it become necessary.&nbsp; When appointing a guardian, a parent can also include their wishes as to how they would like the chid to be raised e.g., in relation to religion or schooling decisions.&nbsp;</p>



<p>A guardian is given PR in the event of the death of the person appointing them and therefore takes on the responsibilities that PR provides.&nbsp; If there is another person who has PR for the children, then the guardian will share this.&nbsp;</p>



<p>Appointing a guardian can be achieved by way of provision in your will.&nbsp; Applications can be made to the courts by a proposed guardian, but they would need to attend a family mediation meeting first.&nbsp; When considering such an application the court will have regard to the following:</p>



<ul class="wp-block-list">
<li>The child’s own wishes and feelings and their age and understanding</li>



<li>The child’s relationship with the prospective guardian</li>



<li>How capable the proposed guardian is of meeting the child’s needs</li>



<li>The recorded wishes of a deceased parent and the wishes of the child’s nearest relatives.&nbsp;</li>
</ul>



<p>If the person appointing the guardian dies and there is no other person with PR, then the appointment of the guardian will take effect immediately.&nbsp; If there were child arrangements order in place naming the guardian as the person with whom the child should live, then the appointment will also take effect immediately even if there is another who holds PR.&nbsp; The guardian will then share PR with that other person.&nbsp;</p>



<p>If the surviving parent was also named in the child arrangements order as a party with whom the child should live, then then appointment will not take effect immediately.&nbsp; If there is a dispute regarding where the child should live, then the parent of the proposed guardian would need to make an application to the court. The parent could also apply to have the guardianship terminated.&nbsp; The appointment of a guardian will also not take effect immediately if the surviving parent has PR and there is no order in their favour.&nbsp; It would not take effect until the surviving parent had died.&nbsp;</p>



<p>The guardianship would end when the child reaches the age of 18 or if an application to terminate the guardianship was made to the court before then and succeeded.&nbsp;</p>



<p><strong>Our <a href="https://www.bttj.com/individuals/family-divorce/">Family Department</a> are happy to discuss these matters with you in more detail and explore with you the right solution for your family. <a href="https://www.bttj.com/contact-us/">Contact</a> our friendly team for assistance. </strong></p>



<p>Article written by <a href="https://www.bttj.com/team-member/natasha-abel/">Natasha Aspinall </a></p>
<p>The post <a href="https://www.bttj.com/2023/04/03/guardianship-what-exactly-is-this-who-can-be-appointed-as-a-guardian-and-who-will-care-for-my-children-if-i-die/">Guardianship: what exactly is this?  Who can be appointed as a Guardian and who will care for my children if I die?</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">11510</post-id>	</item>
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		<title>Children First – Parenting Through Separation</title>
		<link>https://www.bttj.com/2021/12/02/children-first-parenting-through-separation/</link>
					<comments>https://www.bttj.com/2021/12/02/children-first-parenting-through-separation/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Thu, 02 Dec 2021 16:19:42 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[children]]></category>
		<category><![CDATA[divorce]]></category>
		<category><![CDATA[family]]></category>
		<category><![CDATA[seperation]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=9835</guid>

					<description><![CDATA[<p>We are offering parents in&#160;Coventry &#38; Warwickshire a free guide containing advice and information to help them put children first during a separation or divorce. Solicitor and Head of our Family &#38; Matrimonial depoartment Kate Booth said: “We know that the pandemic has put huge pressure on families, particularly those who are separating. Every parent [&#8230;]</p>
<p>The post <a href="https://www.bttj.com/2021/12/02/children-first-parenting-through-separation/">Children First – Parenting Through Separation</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>We are offering parents in&nbsp;Coventry &amp; Warwickshire a free guide containing advice and information to help them put children first during a separation or divorce.</p>



<p>Solicitor and Head of our Family &amp; Matrimonial depoartment <a href="https://www.bttj.com/team-member/kate-booth/">Kate Booth</a> said:</p>



<p>“We know that the pandemic has put huge pressure on families, particularly those who are separating. Every parent wants to put their children’s interests front and centre, but often they don’t know where to turn for help or support.”</p>



<p>“It’s important for parents to have access to good, authoritative and professional advice that helps them to parent responsibly through their separation. The Parenting Through Separation Guide, can help parents find a better way forward for them, and for their children.”</p>



<p>The free guide, published as part of Good Divorce Week contains advice about how to co-parent with a former partner and how to talk to children about the painful topic of divorce or separation, plus much more.<br>&nbsp;<br>Juliet Harvey, national chair of the family justice organisation <a href="https://resolution.org.uk/">Resolution</a>, said:</p>



<p>“I’m really pleased to have&nbsp;Kate’s support during Good Divorce Week. Resolution members like&nbsp;her&nbsp;do really important work in their community to help families separate in a constructive and amicable way. The more families who know about and use the free Parenting Through Separation Guide, the better equipped they will be to navigate the challenges divorce and separation brings, particularly when it comes to putting children first.”</p>



<p>For a copy of the free guide or further advice &amp; support, please contact our friendly <a href="https://www.bttj.com/individuals/family-divorce/">Family Law &amp; Matrimonial</a> team <a href="https://www.bttj.com/team-member/kate-booth/">Kate Booth</a> or Samantha Chater.</p>
<p>The post <a href="https://www.bttj.com/2021/12/02/children-first-parenting-through-separation/">Children First – Parenting Through Separation</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">9835</post-id>	</item>
		<item>
		<title>New Head of Matrimonial at BTTJ</title>
		<link>https://www.bttj.com/2021/10/11/new-head-of-family-matrimonial/</link>
					<comments>https://www.bttj.com/2021/10/11/new-head-of-family-matrimonial/#respond</comments>
		
		<dc:creator><![CDATA[Abbie Lathbury]]></dc:creator>
		<pubDate>Mon, 11 Oct 2021 08:29:24 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Cohabitation]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[coventry]]></category>
		<category><![CDATA[family law]]></category>
		<category><![CDATA[law firm]]></category>
		<category><![CDATA[matrimonial law]]></category>
		<category><![CDATA[solicitor]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=9654</guid>

					<description><![CDATA[<p>Solicitor&#160;Kate Booth&#160;has joined us as our Head Of Matrimonial &#38; Family department Kate qualified as a solicitor in 2006 and has specialised in family law throughout her career, at firms in Warwickshire and the West Midlands. Kate deals with private family law cases including divorce and related financial matters, children, injunction and cohabitation issues. She [&#8230;]</p>
<p>The post <a href="https://www.bttj.com/2021/10/11/new-head-of-family-matrimonial/">New Head of Matrimonial at BTTJ</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Solicitor&nbsp;<a href="https://www.bttj.com/team-member/kate-booth/">Kate Booth</a>&nbsp;has joined us as our Head Of Matrimonial &amp; Family department</p>



<p>Kate qualified as a solicitor in 2006 and has specialised in family law throughout her career, at firms in Warwickshire and the West Midlands.</p>



<p>Kate deals with private family law cases including divorce and related financial matters, children, injunction and cohabitation issues. She also advises clients in connection with pre-nuptial and cohabitation agreements. Kate ensures that she is fully informed of developments in the law and has a thorough approach to the preparation of documents to ensure her clients’ interests are protected.</p>



<p>As a member of Resolution, Kate works in accordance with their Code of Practice to deal with matters in a constructive manner. Kate works with her clients to provide support and explore all options including not only the court process, but other methods of dispute resolution to best suit their individual needs.</p>
<p>The post <a href="https://www.bttj.com/2021/10/11/new-head-of-family-matrimonial/">New Head of Matrimonial at BTTJ</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">9654</post-id>	</item>
		<item>
		<title>What are my rights as the father?</title>
		<link>https://www.bttj.com/2020/03/03/what-are-my-rights-as-the-father/</link>
					<comments>https://www.bttj.com/2020/03/03/what-are-my-rights-as-the-father/#respond</comments>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Tue, 03 Mar 2020 10:00:42 +0000</pubDate>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Family & Divorce]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://www.bttj.com/?p=7917</guid>

					<description><![CDATA[<p>Any parent will say that the most important thing in their life is their children.&#160; You would do anything for them and so for anyone to tell you that you cannot see them anymore is life changing. Parents have rights to see their children and unless there are safeguarding concerns in place, no one should [&#8230;]</p>
<p>The post <a href="https://www.bttj.com/2020/03/03/what-are-my-rights-as-the-father/">What are my rights as the father?</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Any parent will say that the most important thing in their life is their children.&nbsp; You would do anything for them and so for anyone to tell you that you cannot see them anymore is life changing.</p>



<p>Parents have rights to see their children and unless there are safeguarding concerns in place, no one should stop you seeing them. Although often it hurts to send your child to see the other parent, parents have a responsibility to promote and facilitate contact.</p>



<p>Parental Responsibility is a legal term that means all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child.  It is a concept to describe an adult&#8217;s responsibility to secure the welfare of their child and which is to be exercised for the benefit of the child, not the adult.</p>



<div class="wp-block-kadence-iconlist kt-svg-icon-list-items kt-svg-icon-list-items7917_3ffd4c-72 kt-svg-icon-list-columns-1 alignnone"><ul class="kt-svg-icon-list">
<li class="wp-block-kadence-listitem kt-svg-icon-list-item-wrap kt-svg-icon-list-item-7917_4fc509-4d kt-svg-icon-list-style-default"><span class="kb-svg-icon-wrap kb-svg-icon-fe_arrowRight kt-svg-icon-list-single"><svg viewBox="0 0 24 24"  fill="none" stroke="currentColor" stroke-width="2" stroke-linecap="round" stroke-linejoin="round" xmlns="http://www.w3.org/2000/svg"  aria-hidden="true"><line x1="5" y1="12" x2="19" y2="12"/><polyline points="12 5 19 12 12 19"/></svg></span><span class="kt-svg-icon-list-text"> Mothers automatically have parental responsibility for their children.  Fathers also have parental responsibility if they are married to the mother of the children. If an unmarried father has a child after 1st December 2003 and he is registered on the birth certificate he WILL have Parental Responsibility. </span></li>



<li class="wp-block-kadence-listitem kt-svg-icon-list-item-wrap kt-svg-icon-list-item-7917_c404e8-a7 kt-svg-icon-list-style-default"><span class="kb-svg-icon-wrap kb-svg-icon-fe_arrowRight kt-svg-icon-list-single"><svg viewBox="0 0 24 24"  fill="none" stroke="currentColor" stroke-width="2" stroke-linecap="round" stroke-linejoin="round" xmlns="http://www.w3.org/2000/svg"  aria-hidden="true"><line x1="5" y1="12" x2="19" y2="12"/><polyline points="12 5 19 12 12 19"/></svg></span><span class="kt-svg-icon-list-text">  If a child’s birth was registered before 1st December 2003 and the father was not named on the birth certificate, the birth can be re-registered to include the father’s name. Once this has been done, the father WILL have Parental Responsibility.  </span></li>



<li class="wp-block-kadence-listitem kt-svg-icon-list-item-wrap kt-svg-icon-list-item-7917_29096e-33 kt-svg-icon-list-style-default"><span class="kb-svg-icon-wrap kb-svg-icon-fe_arrowRight kt-svg-icon-list-single"><svg viewBox="0 0 24 24"  fill="none" stroke="currentColor" stroke-width="2" stroke-linecap="round" stroke-linejoin="round" xmlns="http://www.w3.org/2000/svg"  aria-hidden="true"><line x1="5" y1="12" x2="19" y2="12"/><polyline points="12 5 19 12 12 19"/></svg></span><span class="kt-svg-icon-list-text"> If an unmarried father’s name is already on the birth certificate and the child was registered before 1st December 2003, the law did not change this situation so the father WILL NOT have Parental Responsibility.<br>Although it is possible to acquire parental responsibility once the parties marry even if this is after the registration of the birth and even if the parents separate subsequently the father continues to have parental responsibility. </span></li>
</ul></div>



<p>If fathers do not have parental responsibility it can be acquired through agreement or order of the Court.  We can assist you with either of these routes.   </p>



<p>Once you have parental rights you have duties and responsibilities towards the children. This means that both parents must decide together if there is to be a change of surname, change of school, decisions as to medical treatment or religion for the child.  In fact all of the decisions parents make each day for the welfare of their children.</p>



<p>Every parent with parental responsibility shares it in equal measure with the other parent.  It is important therefore that parents work together in making the best decisions for their children</p>



<p>Whilst it is always best to try and resolve any differences between you, if parents cannot agree, I advise they attend mediation to resolve matters.  If mediation or negotiation does not work then an application to the court may be required. </p>



<p>If you have any questions or concerns, please call family law specialist Samantha Chater on <a href="tel: 024 7653 1532">02476 531532</a> or email <a href="mailto: samantha.chater@bttj.com">samantha.chater@bttj.com</a>.</p>



<p>Samantha is an accredited member of Resolution and The Law Society Children Panel and has represented parents and children in complex Children Act Disputes.&nbsp;</p>
<p>The post <a href="https://www.bttj.com/2020/03/03/what-are-my-rights-as-the-father/">What are my rights as the father?</a> appeared first on <a href="https://www.bttj.com">Brindley Twist Tafft &amp; James</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">7917</post-id>	</item>
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