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The Court’s Approach

The Court’s Approach

When a Court application is made for a Child Arrangements Order, Specific Issues Order or a Prohibited Steps Order there are various factors that the Court will take into consideration when deciding whether to make the order.

The Court will consider the following three principles: –

The child’s welfare is the Court’s paramount consideration;
Any delay in resolving matters is likely to prejudice the welfare of the child; and
The Court shall not make an order unless it considers that doing so would be better for the child than making no order at all.

The Court will also have regard to the following factors commonly known as the ‘Welfare Checklist’:

the ascertainable wishes and feelings of the children concerned (considered in the light of the child’s age and understanding);
their physical, emotional and educational needs;
the likely effect on the children of any change in their circumstances;
their age, sex, background, and any characteristic of theirs which the Court considers relevant;
any harm which they have suffered or are at risk of suffering;
how capable each of the parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting the child’s needs; and
the range of powers available to the Court under the Children Act in the proceedings in question.

The Court will look at which of the above principles and factors are relevant to the case and consider them accordingly. Ultimately the aim the of Court is to ensure that whatever decision is made is in the best interests of the child.

Unfortunately there are no guarantees or fixed outcomes when making a formal Court application and each case will be dealt with on its facts. This litigation risk is something to bear in mind when considering whether to make an application.

For more information speak to one of our experienced family solicitors on 0113 322 9222 or enquires@consilialegal.co.uk or complete our contact us form.

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Laura Clapton

Director, Family Solicitor & Mediator

0113 887 4672
0786 023 2975
laura@consilialegal.co.uk
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Contact Laura

Who We Are

Our highly experienced family solicitors work with you in the best way for you. As accredited mediators and experienced litigators we can assist you by whatever method is needed for your situation.

We know that every family situation is different and we pride ourselves in finding creative solutions which best work for you and your children.

For further information in regards to our family law specialists, please check out their profiles to read a little bit more about them

MEET THE TEAM

Free Consultation

We understand that you will want to have an initial conversation with one of our family experts to see how we can help you. This is why we offer a free consultation to assess your needs and to see how we can assist. Meetings can take place either face to face, over the phone, by email or through Skype/Zoom. Depending on each person’s personal circumstances, we will try to accommodate you to ensure that regular discussions can take place to progress matters.

For a no obligation, free initial discussion please call us on 0113 322 9222.

How We Can Help

Our experienced family & divorce solicitors can advise, guide and assist you in all aspects of private family law including:-

What Our Clients Say About Our Family Law Services

Laura Clapton has been brilliant and very professional through the Mediation process. I highly recommend her.

Jen Huggett

Absolutely five star service from Laura Clapton and her team, always kept informed of progress, and Laura was always available on the end of the phone to answer any questions. Highly recommended, thank you Consilia Legal.

Jane C

Professional and personal. Vicky was very caring and listened to my issue, advice was clear and easy to understand. Vicky ensured my mind was at ease and I knew my options. Excellent service. Sarah really knows the family sector, she puts you at ease instantly and ensures you are aware of all the options. Would definitely recommend this service. Thank you for your help.

Catherine White

Vicky guided me through the legal context of an employment and was very efficent, approachable and supportive. I would highly recommend this company and Vicky to others who need legal support and advice. Many thanks.

Maureen Sheridan

Had a great experience working with Victoria. Felt completely comfortable asking all kinds of questions and she always explained them really well.

Julia Mariani

I often get clients asking if I can assist with employment and family matters. As this is not my area of specialism I am conscious to help assist by passing them onto a trusted source who will look after the client in the best manner possible and with the same approach and ethos as myself. For employment and family matters I recommend to Consilia Legal as they contact the client promptly and provide practical no nonsense advice at a great value. I have no hesitation in recommending their services and will continue to direct my clients to them for this type of legal advice.

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Received a really good service from Marie and the team including Emma, who offered valuable support throughout. I contacted Consilia following a recommendation from a union representative. Was given great advise through her trusted associate who offered an accurate and professional assessment. Marie secured a really good outcome due to her knowledge, perseverance, conscientiousness and genuine desire to try and get the best outcome on my behalf. A lot of genuine empathy and respect expressed and a brilliant negotiator. Very well informed, experienced and brilliant communicator. True to her word re costs as discussion was upfront and honest. Very reasonable rate compared to other firms. Would recommend to others Thank you very much!

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5/26/2019
Sarah Manning was great - really efficient and supportive. I would recommend her to anyone.

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6/28/2019
Emma was amazing for me, and I would highly recommend her and her firm for any employment related issues. She helps with making it easy to understand and makes the whole process as swift and efficient as possible. Thank you for all of your help.

Terri-Rochelle Ward
8/15/2019
Thanks Laura and team at Consilia Legal. Great service and such a pragmatic and human approach to the legal system. Fitted really well with my personal values. Truly aimed at being conciliatory rather than adversarial.

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Excellent personal support, advice and understanding from Marie, Emma and the Team, thanks for all you have done. Highly recommended

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5/30/2019
I was most impressed with the speed and efficiency which Andy Boyde at Consilia Legal handled my case. I selected Consilia Legal after reviewing previous feedback which had positive comments regarding the areas I was interested in. The way my case was handled turned a stressful situation into a quick and stress free process. I would have no hesitation in recommending Consilia Legal.

Craig S
1/02/2019
Consilia have done a good job of mediating the discussions across family and financial matters. Quick responses, good communication and a helpful/flexible approach.

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3/06/2019