The number of ‘blended families’ – where divorced and separating couples take on their partner’s child or siblings from a previous relationship – continues to increase in today’s modern world.

Step parents who play a formative role in their step children’s upbringing  frequently ask about their rights regarding their stepchildren. This is particularly relevant in situations when their partner works away for extended periods and crucial decisions need to be made.   

What rights do step parents have?

Parental Responsibility is legally defined as being all the “rights, duties, powers, responsibilities and authority which by law, a parent of a child has in relation to the child and their property.”

Step parents involved in the day-to-day care of their stepchildren and contribute financially to their upbringing, do not have any Parental Responsibility rights.

It is maintained by the children’s birth parents who have the authority to make decisions over their upbringing.

Can step parents obtain Parental Responsibility?

Yes. More than two people can have Parental Responsibility for the same child. Below are the options for step parents to obtain it.

Parental Responsibility Agreement

Step parents who are married to the birth parent who the child lives with can seek a Parental Responsibility Agreement, providing the children’s parents who hold Parental Responsibility give their written consent. The agreement is registered with the court.

Parental Responsibility Order

Married step parents can also apply to the Court for a Parental Responsibility Order in cases where a divorced parent is opposed to a step parent sharing Parental Responsibility.

The Court will examine key considerations such as the relationship between the step parent and the child along with the views of those with existing Parental Responsibility and any potential disruption the order could bring. It will only grant the order if it is in the child’s best interests. 

Child Arrangements Order

Step parents can also apply for a Child Arrangements Order – a legally binding order made by the Court to establish who a child should live with or spend time with .

Also aimed at ensuring the child’s well-being and best interests, the Court takes into account their wishes and feelings, particularly when they are older. It evaluates their physical, emotional, and educational requirements and the potential impact of any substantial changes in their circumstances. 

Adoption

Adoption is another way forward for step parents seeking Parental Responsibility. Our family law specialists can guide and advise you through this process to establish if this is the right way forward for your individual situation. We also collaborate with other agencies until the day the Adoption Order is made.

All the options highlighted above make step parents accountable for providing a home for their step children, protecting them and being responsible for their education, their medical needs and their property.

This is a complex area of law and seeking guidance from experts in our acclaimed Children’s Department is strongly recommended to receive appropriate advice tailored to your specific circumstances.

For advice on Parental Responsibility or any aspect of children law or family law, call us 0113 246 0055 (Leeds),  01423 276104 (Harrogate), or 01904 202550 (York) www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024

Image courtesy of Pexels via Pixabay.

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The festive season is a stressful period for parents juggling busy work schedules, school events and additional commitments – not to mention the financial pressures that Christmas brings.

Separated parents face additional challenges of trying to ensure the holiday is magical and memorable for their children, whose interests should always come first.

Children love Christmas and all that comes with it. Sadly, their enjoyment can be easily derailed by allowing friction with a separated parent to spill into the Christmas celebrations and tainting what should be a happy time.

At this time of year a spirit of co-operation, communication and compromise is needed more than ever for parents to work together.   

Inevitably there will be families doing hand overs on Christmas Eve, Christmas Day and Boxing day, at service stations, car parks and at various addresses up and down the country.

If you are in this situation, irrespective of the challenges you encounter including stress, bad driving conditions, or reluctant children (who find moving from one parent to another difficult, not that they don’t want to go) – try to keep things calm.

Plan you journey to avoid rushing and allow time, while making  the trip as fun as possible. Try to avoid showing your frustration or ill feeling when the hand over takes place.

Children of separated parents have it hard in many ways – so why not turn the situation on its head?

Christmas celebrations can take place at any time over the holiday to make them special for children –  so why not make the magic of Christmas happen twice with Santa making two appearances with his presents?     

Achieving this requires meticulous organising, allowing time to consider each other’s expectations and plans. It is also advisable to have a back-up plan in the event of an unforeseen circumstance. 

Children need certainty and security – so let them know as far in advance as possible that they will have two Christmases, giving them time to get used to the idea and look forward to it with excitement.  

This spirit of peace and goodwill through considerate co-parenting can positively impact on your children’s happiness and wellbeing as they carry their cherished memories into the New Year.   

For queries on children law, divorce, or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers’ blog is ranked ninth in the UK’s Best 25 family law blogs and websites to follow in 2023      

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Jones Myers has been awarded another Band 1 ranking in Chambers UK 2024 legal guide – just two weeks after retaining our top status in the Legal 500 guide.

Chambers latest edition features glowing testimonials from our clients: “The knowledge and support from Jones Myers was exceptional. I never felt I had to chase anyone because I was always updated by them.”

It describes us as “a dedicated family team in Leeds that is noted for its ability to handle complicated children cases, including matters concerning abuse, abduction and exploitation”.

Highlighting our expertise in dealing with financial remedy proceedings, the guide applauds how we are “well versed in cases involving shareholder issues, property portfolios and complex pension schemes”.

Managing Partner Richard Peaker who heads our Financial Remedies Department is a Leading Individual with “…bags of experience, which means that he knows how to negotiate and manage client expectations.”

The following accolades are attributable to fellow Leading Individual Kate Banerjee who heads our Children’s Department:

“Kate is exceptional. She is always thoroughly well prepared, client-focused, and looks at everything from all angles.”

“Kate Banerjee is the best children law solicitor there is in the North of England. She is enormously experienced and has a fantastic manner and way of dealing with things.”

Our Partner Nicki Mitchell, a collaborative lawyer and accredited family mediator with extensive expertise in matrimonial finance disputes who heads our York office, is also commended. “Nicki is very pragmatic, sensible and able to come to a positive solution. She is very experienced and ADR focused.”

Said Nicki: “We are proud and delighted to retain our number 1 ranking in both Chambers and Legal 500 for almost three decades, re-enforcing our standing as leaders in our field.

“The acknowledgement is wholly attributable to the commitment of our teams across Leeds, York and Harrogate who lead the way in delivering excellence in family law. Enormous thanks to our valued employees and clients.”

With headquarters in Leeds and offices in Harrogate and York, Jones Myers was among the first family law firms of its kind to be founded in Leeds in 1992.  

For queries on divorce or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked tenth in the UK’s Best 25 family law blogs and websites to follow in 2023.

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By Anthony Parrish, Jones Myers Partner and Children Law specialist

I was disheartened but not surprised to hear how tens of thousands of children continue to be the victims of a crisis in the family court system.      

Data from the Children and Family Court Advisory and Support Service (CAFCASS) reveals how   children who have been removed from their parents by the state have to wait almost four years to find out where they will live.

Prolonged hold ups in care proceedings and parental separation cases can have a major impact on the well-being of children whose interests should always come first.     

The effects include stress and anxiety over where their home will be, what school they will attend – and when they will finally see their parents.         

While a judicial call for all care proceedings to be completed within 26 weeks and streamlining the number of court hearings appears a positive step forward, the reality is different.

This is due to the level of unforeseen and unavoidable delays, in part arising from family members suddenly appearing out of nowhere in the late stages of proceedings and requiring assessments.  

Contributing factors also include Local Authority backlogs in completing assessments and securing approval for long term childcare placements, largely caused by a high turnover of social work staff.

Added to all this is professionals being given extensive timeframes to submit their reports.   

With CAFCASS currently responsible for almost 32,000 unresolved public law cases affecting over 52,000 individual children, what can be done to resolve the crisis?    

A start would be for courts to step up pressure on local authorities to complete cases in shorter time frames. However, I remain sceptical this would not produce real results due to the external factors highlighted above.

As a niche family law firm dealing with every aspect of public and private children law, we wholeheartedly back calls for Government intervention and investment to prevent so many children being unwittingly trapped in a system which is on the verge of a breakdown.

For queries on divorce or any aspect of children or family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers’ blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2023       

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Powerful recommendations from our peers have resulted in our award-winning, niche family lawyers’ inclusion in the 2023 edition of Best Lawyers in the United Kingdom.  

Director and Managing Partner, Richard Peaker, applauded as an “outstanding matrimonial finance practitioner” by the Legal 500 guide – which is also based on peer and client testimonials – features for the 15^th consecutive year.

An expert in complex financial disputes, Richard heads our Financial Remedies Department which the guide hails as “The Leading matrimonial finance firm in Yorkshire, with outstanding individuals and strength in depth”.

The Department is regularly instructed for multi- jurisdictional proceedings/cases involving complex corporate and (often offshore) trust structures. Our clients include business owners, landowners, farmers and parties with substantial family Trusts – both  shore and offshore.

Partner Kate Banerjee an acknowledged leader in Children’s Law, who is described as a “Rolls-Royce among practitioners,” (Legal 500 2023) keeps her listing for the second year running.

Named ‘”Private Client Lawyer of the Year” in the 2023 Northern Powerhouse Awards, Kate heads the Children’s Department whose 12-stong team succeeds with the most complex cases and is at the forefront of new areas of law including deprivation of a child’s liberty.

The Team consistently achieves a consistently high success rate in international child abduction matters across both Hague and Non-Hague countries.

Said Richard: “Our inclusion among the Best UK Lawyers reflects our reputation as a respected leader in our field on a regional, national, and international level.

“It is also testament to the wider team’s extensive expertise and underpins Jones Myers standing as a top-ranking, niche family law practice which has maintained its number 1 position in the legal guides for over two decades.”

The accolade coincides with Jones Myers being named a finalist in the coveted 2023 Yorkshire Legal Awards which has broken all records for the number of firms entering and the volume of submissions received.

We have been shortlisted in the Family Law category where  judges are looking for evidence including dedication to clients, cases which reflect the team’s expertise, third-party recognition – and giving back to the community.

Yorkshire Legal is hosting an awards ceremony to celebrate the successes and achievements of the Yorkshire law community on October 5^th at New Dock Hall, Leeds. ^.

For queries on divorce or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2023.

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By Nicki Mitchell, Jones Myers Family Law Mediator and Child Inclusive Mediator – as featured in The Divorce Magazine

For separating couples, mediation can be a highly effective way of avoiding a lengthy, costly, and drawn-out Court divorce in which children are often caught up in the crossfire.

To help more couples in this situation, the Government has launched and extended a Family Mediation Voucher Scheme to encourage more people to undergo mediation.  

What is the Family Mediation Voucher Scheme?  

The publicly funded scheme helps separating couples to resolve their family law disputes outside of Court, giving them up to £500 towards the costs of mediation.

Both people involved need to agree to take part – and only Mediators like me who are authorised by the Family Mediation Council (FMC) can conduct the sessions.

How do I know if I’m eligible?  

Most divorcing couples are required by law to attend a Mediation Information Assessment Meeting (MIAM). At this session a qualified mediator assesses whether mediation is appropriate for your individual case – and if you qualify for the scheme.

Eligible cases must involve a dispute or court application involving a child, although the sessions can also cover related issues around finances.

Which cases do NOT qualify for the funding?  

• If you’re applying for a consent order
• If any children are involved in emergency proceedings, care proceedings or supervision proceedings
• If any of the children are the subject of an emergency protection order, care order or supervision order

Where there are allegations of domestic abuse, the mediator will carefully assess with the person alleging that abuse whether mediation is suitable.

What happens if I quality?   

Your mediator will apply for the voucher funding, paid directly to them when the mediation is concluded. Vouchers are limited and the mediation sessions can be attended together or separately.

Will the £500 cover all mediation costs?

This depends upon the mediator’s fees and the number of sessions needed. The voucher is intended to be a contribution towards mediation sessions.

What happens if the mediation doesn’t work?

You and your ex should take advice as to the options available.  Ultimately, if all else fails, you can make an application to go to Court.

What happens if the mediation is successful?

The arrangements agreed in mediation can be put into a document which is often known as a “parenting plan” which you can then both sign.  This provides a useful record of your agreement. 

A parenting plan does not have the status of a court order.  However, court orders are not usually necessary or desirable in children cases. 

The law (The Children Act 1989) works on the basis of the “non-intervention principle”. Put simply, the law recognises that parents are much better placed to parent than a court and so orders will only be made where necessary in the best interests of a child.

If you can agree, then an order is often not necessary. An order made when children are young will often become a straight jacket by the time they are older.  It makes sense for you to continue to review what your children need as they grow up, and this is much easier to do in mediation than in repeated court applications.

In our extensive experience, along with speed and cost, mediation helps to minimise the damaging fallout from a separation, enabling both parents and their children to move forward.  

For more information on the scheme visit Family Mediation Voucher Scheme – GOV.UK (www.gov.uk)

Jones Myers expert mediators can assist you in this non-confrontational option which keeps communication channels open for many divorcing couples and enables them and their children to move on with their lives.

For more information on mediation or other family law issues, call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 8^th in the UK’s Best 25 family law blogs and websites to follow in 2023.

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By Partner, Anthony Parrish from Jones Myers Children’s Department  

An unprecedented development sees journalists reporting in family law courts on cases which include the future and wellbeing of children whose parents are divorcing.    

Whereas the media could previously observe such hearings but only report on what a judge allowed, accredited reporters can now write in detail on cases, have access to some legal documents and interview families about their cases – providing their identify is protected.  

The move, part of a pilot scheme, aims to remove long-standing concerns about the ‘secrecy’ surrounding family courts, create greater transparency and build public confidence.

Covering private and public children law cases – the latter which involves local authorities – the 12-month pilot applies to family courts in Leeds, Carlisle, and Cardiff.

As a whole, our highly acclaimed Children’s Department sees the pilot as a favourable move in providing a positive insight within the media in helping the public understand the realities of the Family Court System – and for an unbiased approach to be taken.

However, this isn’t without some reservation about  how those who represent themselves in Court Proceedings may try to use the media to their own advantage. Particularly if they did this to portray the other party in an unfavourable light or put their privacy at risk.

In those situations, there would be concerns about how this could be managed safely, especially around the potential for Social Media platforms to be abused.

The new reporting freedoms could also see divorcing couples – particularly those with a profile in their community who are concerned about protecting their own and their children’s privacy – resolve matters out of the courtroom glare.

This can be achieved through alternative routes such as mediation or the collaborative process which help separating couples to find an agreed way forward in a constructive, positive manner.

Less costly, acrimonious, and drawn-out, these alternatives protect children being exposed to the fall out of their parents’ relationship. They prioritise children’s well-being and help the long-term interests of all those involved in the break-up.  

The specialisms of Jones Myers award-winning Children’s Team – which deals with every aspect of private and public children law – span residence, contact, relocation, international child abduction, adoption, and child protection.  

Dedicated to consistently delivering excellence, we act for parents and grandparents, we represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity. 

Our extensive expertise also includes a Family Law Mediator, a Child Inclusive Mediator, Collaborative Family Lawyer and In House Counsel.    

More information on the new reporting freedoms can be found here Reporting in the Family Court (parliament.uk)    

For queries on children law, mediation, or other family law issues, call Leeds 0113 246 0055, Harrogate 01423 276104, York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 8^th in the UK’s Best 25 family law blogs and websites to follow in 2023.

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It is also a time for making resolutions which can include changes in relationships – particularly among families and couples who have experienced a stressful and challenging festive season.  

Wide-ranging studies consistently highlight how divorce rates peak at key periods such as Christmas and summer holidays – times which can put strain on the most robust relationships.

As niche family lawyers we urge you to stop and think before rushing headlong into separation and divorce. Whilst not every relationship will last forever, it is important to take the time to think things through once the stresses of the festive period have subsided. 

Can your relationship be saved?

Why do you want a divorce? Has your relationship irretrievably broken down – and is your decision based on emotion or logic? Most importantly, do you still love your partner/spouse? If the answer is yes and you feel your marriage is worth salvaging, consider counselling.

Your Children 

It is well known that divorce can damage children’s long-term well-being. How will terminating your relationship affect your children, whose interests should always come first?

Your Finances

How would your financial situation change – and would you have sufficient income? Where would you live – and how would that work for your children’s home, school, and holiday arrangements? Gathering the necessary documentation to understand your finances can help both of you to think about how it would pan out before appointing a family lawyer.

Your Work 

Would your employer be supportive if you divorced and needed extra time off if the children were sick? If you are the spouse who is not working, would you be able to gain employment to help you financially?   

Your Support Network

If you ended your relationship, would you have a dedicated support network you could rely on to help with children’s school runs, sports activities, and holidays?

Should you decide that divorce is inevitable, we urge you to consult an experienced family lawyer who is a member of family justice group Resolution which is committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner. 

Early advice will help you to understand what rights you have and provide the support you need to make the right decisions for your future and that of your children. 

Jones Myers, a long-standing member of Resolution, advises and guides our clients through the stages of divorce including alternatives to a stressful, lengthy, and expensive court divorce. Our post- divorce support includes helping them to stay on the right financial track.

For advice on divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 10th in the UK’s Best 25 family law blogs and websites to follow in 2023.

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Jones Myers has appointed a senior family law specialist with almost four decades of expertise in relationship breakdown and financial settlements to head its Harrogate office.

Neil Dring, Senior Solicitor and Consultant, joins the firm’s Financial Remedies Department, which is regularly instructed in multi-jurisdictional proceedings and cases involving complex corporate and offshore trust structures.

His track record in divorce and separation includes complex high net worth financial disputes and advocacy, along with both pre-nuptial and post-nuptial agreements.

Jones Myers, which set up offices in Harrogate in 2017, has recently moved to bigger town centre premises opposite the Harrogate Justice Centre in Victoria Avenue in line with client demand.

Neil said: “Jones Myers’ standing as an award-winning leader in its field which attracts the best family lawyers is acknowledged on a regional and national level. Its esteemed Children’s Department is also renowned internationally.

“The firm’s ethos of seeking non-confrontational solutions to relationship breakdowns resonates with my approach and values, and I am looking forward to playing a key role in the practice’s continued expansion.”

Richard Peaker, Jones Myers Managing Partner who heads the Financial Remedies Department, said: “Neil is a highly respected and well-known family lawyer whose breadth and depth of experience highly complements our expertise and approach in delivering bespoke solutions for our clients.

“We warmly welcome him to the team as we continue to go from strength to strength in Yorkshire and beyond.”       

The appointment coincides with the practice’s York team also moving to bigger city centre offices at Bootham Row to accommodate future growth.

Retaining its Family Law Firm of the year North award in the Family Law Awards across 2020-2022, Jones Myers was the only Yorkshire-based family law firm in the national finals of the awards’ Children Law Team of the Year category.   

The practice, whose headquarters are in Leeds, also has offices in York and marks its 30^th anniversary this year.

For divorce or family law related issues including children, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 9^th in the UK’s Best 25 family law blogs and websites to follow in 2022.

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The display of unity by members of the Royal family following the passing of Queen Elizabeth II has been humbling and inspiring.     

Troubled relationships among siblings have been cast aide for the greater good as the world paid tribute to her Majesty, who has been widely acknowledged as the greatest monarch in English history.

The respect given to the late Queen – whose own family has witnessed its fair share of relationship breakdowns – is a poignant reminder of the importance of always striving to put the family unit, and children’s best interests, first.    

Ensuring the voice of the child is heard in cases of divorce and separation goes to the heart of Jones Myers ethos to ensure their happiness and wellbeing is a priority.

We have seen at firsthand how children who are caught up in the crossfire can often retreat into an artificial world to escape the stress of their parent’s fraught exchanges.

Sadly, the knock-on effects of this can lead to long term repercussions on their health and education, which can result in lasting damage and affect their future prospects.

The expertise of our Children’s Department – which delivers every aspect of private and public children law – includes a Child Inclusive Mediator and an in-house counsel.   

Our team’s specialisms include residence, contact, relocation, international child abduction, adoption, and child protection – the latter which requires balancing parents’ rights while ensuring children are protected from significant harm.

As well as acting for parents and grandparents, we also represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity.  

Our dedication to excellence includes membership of the Law Society Children Panel, the Advanced Family Law Panel, and the Child Abduction Panel. Additional qualifications include Higher Rights of Audience and Child Inclusive Mediation Accreditation.

For queries on children law or any aspect of family law, call us on 0113 246 0055 (Leeds), 01423 276104 (Harrogate), or 01904 202550 (York). Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 9^th in the UK’s Best 25 family law blogs and websites to follow in 2022.

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