Child Matters

Disputes about children can happen at any time. They’re most common when parents’ relationships are breaking down or have ended, and it’s important that the needs of the young people caught up in that are put first.

We can help. Our family lawyers are experienced in all matters concerning children, from issues about contact to financial provision. We also provide specialist advice and assistance in adoption and care proceedings. And while safeguarding your children’s interests, we’ll make sure that your rights as a parent are met - because that’s important too.

"We’re here to guide you through every stage of your life."

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Here are some of the areas we can help you with, but if what you are looking for isn't here, please contact the team.

International Child Abduction

The Hague Convention

A number of countries, including England, have signed up to a treaty called the Hague Convention. The Hague Convention aims to return children to the country they have been taken from as quickly as possible. There are limited circumstances where the Court may refuse to return a child to their original country.

When a child is abducted or kidnapped against the wishes of the other parent, the parent who has lost the child may feel desperate about the safety of the child and helpless to influence the outcome. Often the left behind parent may not speak the language of the country in which the child has been taken too, or may not even know the exact location of their child. Sometimes a parent has taken a child abroad not realising that they have broken any laws and are ‘abducting’ or ‘kidnapping’ their own child.

Legal proceedings and the Court

Legal proceedings are initiated quickly in these circumstances to help locate the child with a view to getting the child returned. The Court will decide whether or not the child should return to the country he/she was taken from. If the child is returned, the Court in that country will then decide the residence and contact arrangements for the child if the parents still cannot agree.

There are also legal steps that can be initiated quickly if you believe there is a risk that your child may be removed from the country. There are safeguards the Court can put in place to prevent any abductions from happening.

We can help you in instances where you believe your child will be abducted overseas, or has already been taken. If you are a parent abroad and you believe your child has been brought to England, we can also help.

We will act quickly to ensure that your rights and those of the child are not abused. We will represent, support and advise you of the process and procedures involved in a caring and sensitive manner.

If you have concerns about your child being abducted or you have been served with Court proceedings, we are able to assist you quickly and can be contacted out of hours. Legal aid can be available in these cases but may be subject to financial eligibility.

Brethertons International Child Abduction Team

At Brethertons LLP, our specialist International Child Abduction Team have a wealth of experience in representing parents and children within Child Abduction proceedings. Our experienced solicitors within the Child Abduction Team hold specialist accreditations in the field of Child Abduction Law and Partner of the Department, Simon Craddock is ranked in the Legal 500 as an outstanding individual in this area and was quoted within the Legal 500 as a ‘leading light in the field of child abduction law’. The Child Abduction Team is also recognised within the Chambers and Partners Directory.

The Child Abduction Team at Brethertons LLP is one of only 46 firms in the UK currently listed on the International Child Abduction and Contact Units (ICACU) panel of specialists lawyers in this area. We are the only firm in Oxfordshire, Warwickshire, Northamptonshire and Buckinghamshire on this specialist panel. Brethertons LLP have been a member of the Panel since 2001.

Brethertons LLP is also listed on Reunite’s specialist international lawyers listing.

We offer fluent speakers in the languages of French, Spanish, Italian, Urdu and Punjabi.

Please contact Simon Craddock if you require assistance with a child abduction case.

Surrogacy Law and Parental Orders

What is Surrogacy?

Creating a life and becoming a parent through surrogacy is amazing!

This can be achieved by using your egg and sperm which are fertilised outside the womb and implanted into a surrogate mother, inseminating the surrogate mother’s egg with your sperm or by using egg donors and anonymous sperm.

The Law Around Surrogacy

Commercial surrogacy in England is illegal. The surrogate mother is only permitted to be paid expenses related to having the baby. If you are thinking of or have entered into a surrogacy arrangement abroad, it is extremely important that you take legal advice in that Country as well as in England, in relation to the legality of the surrogacy and any immigration implications because you will want to bring baby home soon after the birth.

Whichever way you go about it, under English law, the surrogate mother is the legal parent, even if there is no genetic link to the child. If she is married, then her husband or civil partner is regarded the second parent of the child.

What is a Parental Order?

It is important that an application for a Parental Order is made so that you are recognised as the child's legal parents and have parental responsibility for your child. Parental responsibility means having all the rights, duties, powers, responsibilities which by law a parent has in order to make appropriate decisions in relation to the upbringing of a child, such as decisions in respect of education, medical treatment and religion.

Parental Order Applications

A Parental Order application can be made by two applicants who are married, civil partners or living as partners in an enduring family relationship and single parents (provided they have contributed their own gametes) and:

    Your application is made within 6 months of your child being born. However, there has been a recent decision of the Court which suggests that this is no longer the case and you can still make an application after this time;
    There is a genetic connection between at least one of you and the child;
    The surrogate mother consents to you having a Parental Order and she understands the implications of you having an Order;
    The surrogate has received payment for reasonable expenses only;
    At the time of making the application, the child's home is with you and either or both of you are domicile in the UK.

If you do not satisfy the requirements, then there are alternatives to obtaining a Parental Order which can give you parental responsibility for your child.

Please contact our expert in Surrogacy and Children law, Kim Lehal, who will happily go through all of the options available to you and guide you through the process from start to finish so that you can focus on taking care of baby!

International Adoption

There are many reasons why a couple might choose to adopt a child from overseas. But it should not be seen as an easier option than a UK adoption.

The law is complex and there are as many, if not more, stages to go through.

At Brethertons are family lawyers who specialise in international adoption. We recognise the emotional challenges that the adoption process poses for families, and our advice and support is always delivered with sensitivity and understanding.

There is no getting away from the fact that international adoption is a process. To adopt a child abroad you must take similar steps to those you would take if you were adopting within the UK. You must tell your local authority that you are looking to adopt from an international company; a home study report will then be carried out and then an adoption panel will decide whether not you are suitable.

That all takes place before the authorities in the country in which you are looking to adopt become involved. And this is strict. If you don’t follow the specific rules then you could be committing a criminal offence.

We know the processes, the systems and the legal issues. Talk to us about your situation and we’ll make your case for international adoption as compelling as it can be. We have a strong track record in helping clients get the outcomes they’re looking for. Ultimately that is what we aim for, from the moment you instruct us.

Reported Cases

Our award winning and specialist family law team are experienced in all areas and complexities of family and children law including international children disputes, complex care proceedings, finding of fact hearings and all levels of divorce and financial disputes.

Families are often diverse with mixed characteristics, relationships and complexities, and as such no two cases are the same. Our team takes the time to listen and understand every aspect of the situation and strive to offer the best tailored service for every individual.

We’re recognised for our sensitivity towards our clients and our determination to get the best possible results for them.

Brethertons specialist family team are regularly instructed in high profile, complex family proceedings which are often featured within the law reports. Our list of reported cases can be found below.

Reported Cases

Get in touch with our child law solicitors in Banbury, Bicester and Rugby

If you have any children law queries which we can assist with please do not hesitate to get in touch with our team in Banbury, Bicester or Rugby.