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Children and Family Dispute

Children and family disputes can arise for a variety of reasons, including:

  • Separation and divorce.
  • Mismatched wishes and expectations.
  • Poor communication.
  • Lack of legal understanding (e.g fertility and family law).
  • Unexpected change in circumstances.
  • Family restructure (e.g. new partner, blended family).

Children and family disputes under English law can encompass a wide range of issues including: legal parentage, parental responsibility, care of a child, time spent with a child, a child’s name and identity, financial provision for a child, education choices, medical issues, religious upbringing, citizenship and nationality issues.

Children and family disputes can be particularly complex when they involve modern family forms and those created through assisted reproduction. These cases can require expert navigation of complex fertility and family legislation, policy and evolving case law.

We provide expert advice, assistance and legal representation in respect of a dispute about legal status and the care and upbringing of a child under English law, including:

We have preeminent specialist legal expertise in disputes concerning modern families and those formed through assisted reproduction. We lead at the forefront of fertility and family law and policy in the UK, delivering cutting-edge and innovative legal solutions.

 

If you require legal assistance or wish to discuss your situation contact us.

 enquiries@louisaghevaertassociates.co.uk

 +44 (0) 20 7965 8399

How we can help

Our legal services include:

  • Legal packages
  • Bespoke legal advice tailored to your situation, needs and wishes
  • Preparation of legal documentation
  • Legal support and representation in court proceedings

Package One

Children and family dispute – general legal review

This provides tailored expert legal advice under English family and fertility law about a potential or actual children and family dispute. It encompasses a wide range of family law issues, including:

Package Three

Parental responsibility dispute – legal review

This provides tailored expert legal advice under English family and fertility law about parental responsibility for a child. It

  • Advises on the meaning and effect of parental responsibility under English law and its international application.

Package Five

Known donor dispute – legal review

This provides tailored expert legal advice under English fertility and family law about a dispute between parent/s and known donor/s. It:

  • Advises on known donor case law.

Package Seven

Surrogacy dispute – legal review

This provides tailored expert legal advice under English surrogacy law about a surrogacy dispute between intended parent/s and surrogate parent/s. It:

  • Advises on legal parentage, parental responsibility, care and upbringing of a surrogate born child under English law.

Package Nine

Care and upbringing of a child dispute – legal review

This provides tailored expert legal advice under English family and fertility law about a dispute about arrangements for the care and upbringing of a child. It:

  • Advises on living arrangements for a child, including sole and shared care.

Package Two

Legal parentage dispute – legal review

This provides tailored expert legal advice under English family and fertility law about legal parentage for a child. It:

  • Advises on the meaning and effect of legal parentage under English law and its international application.

Package Four

Financial dispute – legal review

This provides tailored expert legal advice under English family law about financial provision for a child (income and capital). It:

  • Advises on income and capital claims for a child.

Package Six

Co-parenting dispute – legal review

This provides tailored expert legal advice under English fertility and family law about a co-parenting dispute. It:

  • Advises on co-parenting case law.

Package Eight

Specific issue dispute – legal review

This provides tailored expert legal advice under English family law about a specific issue for a child. It

  • Advises on a wide range of issues including: holiday and travel arrangements, education, religious upbringing, medical issue, relocation, a child’s name and identity.

Package Ten

Blended family dispute – legal review

This provides tailored expert legal advice under English fertility and family law following separation, divorce, remarriage about legal status, rights and responsibilities of a new partner or spouse for a child. It

Leading cases

Louisa Ghevaert has dealt with numerous leading cases in the UK dealing with children and family disputes, including:

AB v CD, EF, GH & IL [2018] EWHC 1590 (Fam), representing an intended mother in international contested assisted reproduction and modern family law proceedings in the High Court concerning 2 surrogate born children. This case marks a legal first in the treatment of blended families in the UK following assisted reproduction, divorce, re-marriage, serious allegations of domestic violence and abuse as well as the legal status and identity of two surrogate born children, their biological, intended and social parents and arrangements for the children’s care and upbringing.

In the matter of the Human Fertilisation and Embryology Act 2008 (Case V) [2016] EWHC 2356 (Fam), obtaining a declaration of parentage in the High Court for a woman in a same-sex relationship following a dispute about legal parental status for a child conceived through fertility treatment at a UK fertility clinic licensed by the HFEA.  The HFEA Consent Form WP was missing from the clinic file. The case for the first time gave guidance on the practice of making interim costs orders in favour of patients to fund litigation and access to justice following errors in the completion of consent forms at UK fertility clinics.

In JP v LP & Ors [2014] EWHC 595 (Fam), acting for the intended father in a high profile complex UK surrogacy dispute case following marriage breakdown and divorce. This case established for the first time a legal framework for cases where the legal criteria for a parental order cannot be met, including wardship, and featured in The Telegraph, BBC News and Mail Online (6 March 2014).

Find out more here.

News and commentary

Click here to read more about our media and commentary work in relation to family and fertility law, policy and practice.

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