Domestic Violence and Family Law

Form C1A is used in family court proceedings in England and Wales to raise concerns about domestic abuse, harm, or risk of harm to children or adults involved in the case. It is a supplementary form typically submitted alongside Form C100 (application for a Child Arrangements, Prohibited Steps, or Specific Issue Order). 🔹 When to Use Form C1A: You should complete Form C1A if you are: Making allegations of domestic abuse , violence, or harm by the other party. Concerned that the child(ren) involved have suffered or are at risk of suffering harm . Raising protective concerns to help the court understand the need for caution or protective measures. Resource link : Form C1A (GOV.UK) 🔧 How to Complete Form C1A: Section 1: Your Details Fill in your name and address . You can request to keep your address confidential if there’s a risk involved. Section 2: The Other Party’s Details Enter the details of the person you're making allegations against (usually the respondent in the case). Section 3: The Children Involved Provide the names and dates of birth of the children affected. State the nature of your relationship to the child and any relationship the respondent has with them. Section 4: Allegations of Harm or Risk Tick the boxes that apply (e.g. emotional abuse, physical violence, sexual abuse, financial control, coercive behaviour). Provide detailed descriptions of incidents , including: What happened When and where it occurred Who was present The impact on you or the child(ren) Tip: Be clear and factual. Include dates if possible. Avoid emotional language; the court needs objective, useful information. Section 5: Risk to You or the Children Describe how the abuse has affected your parenting or the child’s well-being. Mention any ongoing fears or concerns and whether protective measures (e.g., non-molestation orders) are needed. Section 6: Other Proceedings Indicate whether there are other family or criminal court cases related to this matter, including child protection or police involvement. Section 7: Evidence and Support Note any evidence you have (e.g. medical reports, police records, witness statements). Mention if you're getting support from professionals (e.g. domestic abuse charities, social workers). Declaration and Signature Read the declaration carefully. Sign and date the form to confirm the truthfulness of your statements. 📤 Submitting the Form: Attach Form C1A to your C100 application . If you're submitting online via the court’s digital service , upload the completed C1A as part of your application bundle. If you’re submitting by post, include three copies of the form with your C100 and supporting documents. 💡 Additional Tips: Seek legal advice if possible, especially when raising serious allegations. Use a confidential address if you're worried about safety. You can contact organisations like Rights of Women , Refuge , or National Domestic Abuse Helpline for guidance. Let me know if you’d like help filling out a sample or if you want to go through it section-by-section together. For Family Law Advice contact Stephanie Heijdra - Family Barrister 02071014682 sh@stephanieheijdra.com 

Completing Form C100 is a crucial step when seeking court orders related to child arrangements in England and Wales. Here's a structured guide to help you navigate the process: 1. Obtain the Form: Download Online: Access the latest version of Form C100 from the UK government's official website. Paper Copy: If you prefer a physical copy, visit your local family court to request one. 2. Attend a Mediation Information and Assessment Meeting (MIAM): Before applying to the court, it's generally required to attend a MIAM to explore alternative dispute resolution methods. A certified mediator will assess whether mediation is suitable for your situation. If mediation isn't appropriate or an exemption applies (e.g., cases involving domestic abuse), the mediator will provide a signed certificate for your application. 3. Complete the Form: Section 1: Application Details Indicate the type of order you're applying for: Child Arrangements Order: Determines with whom the child will live or spend time. Prohibited Steps Order: Prevents specific actions concerning the child without court consent. Specific Issue Order: Resolves particular disputes about the child's upbringing. Provide a brief summary of your application. Section 2: Children's Details List all children involved, including full names, dates of birth, and relationships to each party. Specify who the children currently live with. Section 3: MIAM Information Confirm attendance at a MIAM or specify the exemption criteria if applicable. Attach the mediator's signed certificate if mediation was attended. Section 4: Reasons for Application Explain why you're making the application and any previous agreements or attempts to resolve the issues. Section 5: Urgency and Without Notice Applications If your case requires an urgent hearing or you believe the application should proceed without notifying the other party, provide detailed reasons. Sections 6-14: Additional Information Provide details about any previous court proceedings involving the children, international considerations, or any factors affecting your ability to participate in proceedings. Include information about both the applicant and respondent, as well as any legal representation. 4. Review and Sign: Carefully review all information to ensure accuracy and completeness. Sign and date the form, acknowledging the truthfulness of the information provided. 5. Submit the Application: Online Submission: You can apply online, which may expedite the process. Paper Submission: If submitting a paper application, send three copies of the completed form, along with any supporting documents, to your local family court. Fee Payment: The current application fee is £232. If you're on a low income or receiving certain benefits, you may be eligible for fee assistance. Additional Resources: Guidance Documents: The UK government provides detailed guidance on completing Form C100, available on their website. Professional Assistance: Consider seeking advice from a family law solicitor or accredited family mediator to ensure the form is completed accurately and to understand the legal implications Remember, accurately completing Form C100 is essential for the court to understand your situation and make informed decisions regarding child arrangements. For legal advice and court representation, contact Stephanie Heijdra - Family Barrister sh@stephanieheijdra.com 02071014682

 Introduction Fathers play a vital role in their children's lives, but navigating fathers' rights in the UK can often be complicated, especially for unmarried fathers or those facing legal challenges. Understanding parental rights, custody laws, and responsibilities is crucial for fathers seeking to establish or maintain a relationship with their children. This guide will explore key aspects of fathers' rights in the UK , including how to obtain parental responsibility , what rights unmarried fathers have, and how legal support can help fathers remain actively involved in their children's lives. What Are Fathers' Rights in the UK? Fathers' rights encompass a father's legal ability to make important decisions about their child's life. These rights include: The right to parental responsibility (legal authority over important aspects of the child's welfare) The right to custody or contact (access and overnight stays with the child) The right to be involved in education, healthcare, and religious decisions To exercise these rights, a father must have parental responsibility , which is not automatically granted to all fathers. Parental Rights in the UK Parental responsibility gives fathers the legal ability to make important decisions for their child. In the UK, a father automatically has parental responsibility if: He was married to the mother at the time of the child’s birth. The child was born after December 1, 2003 , and the father is named on the birth certificate. If a father does not automatically have parental responsibility, he can obtain it by: Signing a Parental Responsibility Agreement with the child’s mother. Applying for a Parental Responsibility Order through the family court. Unmarried Fathers' Rights in the UK Unmarried fathers often struggle to understand their legal rights. UK law favors the involvement of both parents , but without parental responsibility, an unmarried father may have difficulty making decisions regarding the child. What Unmarried Fathers Can Do: Apply for a Parental Responsibility Agreement (if the mother agrees) Seek a Parental Responsibility Order if the mother does not agree Apply for a Child Arrangements Order to establish visitation or custody rights Custody Rights for Fathers Fathers have the right to apply for custody or visitation rights if they are being denied access to their child. The UK family courts prioritize the best interests of the child , which typically includes maintaining a relationship with both parents. How to Obtain Custody or Visitation Rights: Mediation: Before going to court, fathers are encouraged to resolve disputes through mediation. Child Arrangements Order: If mediation fails, fathers can apply to the court for an order that determines custody and visitation rights. Shared Parenting Plans: Courts often encourage shared parenting, where the child spends time with both parents equally. How to Remove Parental Responsibility from a Father Parental responsibility can only be removed under exceptional circumstances where the court believes it is in the child's best interest. This might happen if: The father poses a risk to the child's welfare . There is a court order for adoption by another person. The father has engaged in serious criminal activity related to the child. If a mother or guardian seeks to remove a father’s parental responsibility, they must apply through the family court , and it is rarely granted unless extreme circumstances exist. Legal Support for Fathers' Rights in the UK If a father is experiencing challenges regarding parental responsibility, custody, or visitation, legal support can be invaluable. Fathers can seek help from: Family law solicitors specializing in fathers' rights Mediation services to help resolve disputes Support organizations advocating for fathers' rights Conclusion Understanding fathers' rights in the UK is essential for ensuring that fathers maintain an active role in their children's lives. Whether a father is seeking parental responsibility , custody rights , or legal support, the key to success lies in being informed, persistent, and seeking the necessary legal guidance. For fathers struggling with custody, parental responsibility, or legal disputes, consulting a family law expert can help ensure the best possible outcome for both the father and the child.

Introduction Fathers play an essential role in the upbringing of their children. However, understanding fathers' rights in the UK , parental responsibility , and custody rights can be challenging. Many fathers are uncertain about their legal rights , including overnight stays, decision-making power, and how parental rights can be gained or lost. This guide provides a clear and comprehensive overview of fathers' rights in the UK , covering key legal aspects, custody arrangements, and how fathers can ensure they play an active role in their children's lives because families include fathers. What Are Fathers’ Rights in the UK? Fathers' rights refer to the legal responsibilities and entitlements a father has concerning his child. These rights typically fall under the umbrella of parental responsibility , which governs the decisions a parent can make about a child’s education, health, and general welfare. A father automatically has parental responsibility if: He was married to the child’s mother at the time of birth. The child was born after December 1, 2003, and the father is listed on the birth certificate. If a father does not have automatic parental responsibility , he can: Apply for a Parental Responsibility Order through the court. Sign a Parental Responsibility Agreement with the child’s mother. Parental Responsibility in England Parental responsibility in England grants legal rights to make decisions about a child's: Education (choosing schools, special educational needs support, etc.) Medical Treatment (approving surgeries, vaccinations, etc.) Religious Upbringing (deciding on religious practices) Legal Name (changing a child’s surname) Fathers who have parental responsibility must be consulted about major life decisions , even if they do not live with the child. How Does Custody Work for Fathers in the UK? Many fathers wonder about custody rights and their ability to see their children. UK family law encourages both parents to be involved in their child's life unless there are safeguarding concerns. Types of Custody Arrangements Sole Custody – One parent has full custody, while the other may have visitation rights. Joint Custody – Both parents share responsibility for the child's upbringing. Shared Parenting – A more equal time-split arrangement, though not always a 50/50 division. A father has the right to request custody or overnight stays through a Child Arrangements Order from the family court. If disputes arise, mediation is often recommended before court proceedings. Fathers' Rights to Overnight Stays One common concern for fathers is overnight stays with their children after separation. Courts aim to support a child’s best interests and will usually encourage overnight stays unless there is evidence of risk to the child's welfare. If a mother refuses overnight stays without justification, the father can: Attempt mediation to reach an agreement. Apply for a Child Arrangements Order if mediation is unsuccessful. When Can Parental Rights Be Terminated? Parental rights are rarely terminated unless it is deemed necessary for the child’s welfare. A father may lose parental responsibility if: The court decides the child is at risk of harm. An adoption order is granted. There is a serious criminal conviction related to child safety. If parental rights are in jeopardy, seeking legal advice is strongly recommended. How Fathers Can Gain More Involvement Fathers who want to take an active role in their child's life should: Maintain a positive co-parenting relationship with the mother. Keep detailed records of involvement in the child’s life (school pickups, medical appointments, etc.). Attend mediation before escalating to court action. Ensure child support obligations are met, as financial responsibility demonstrates commitment to the child’s well-being. Conclusion Understanding fathers' rights in the UK , parental responsibility , and custody arrangements is crucial for dads wanting to maintain strong relationships with their children. While legal challenges may arise, the family courts generally prioritise the best interests of the child , which often means maintaining contact with both parents. If you are a father seeking more clarity on your rights, consulting a direct access family law barrister or family law solicitor can provide tailored guidance to ensure you remain involved in your child’s upbringing.

When Do Cafcass Recommend No Contact? The Children and Family Court Advisory and Support Service (Cafcass) plays a crucial role in family law proceedings in England and Wales. Their primary focus is safeguarding children’s welfare in cases involving parental disputes over child arrangements. While Cafcass generally promotes contact between children and both parents, there are circumstances where they may recommend no contact due to concerns about a child's safety and well-being. Understanding Cafcass and Its Role Cafcass is an independent organisation that provides reports and recommendations to the Family Court . When parents are unable to agree on child arrangements, the court may instruct Cafcass to conduct welfare checks and assessments to determine what is in the child’s best interests. Reasons Cafcass May Recommend No Contact 1. Risk of Harm to the Child Cafcass takes allegations of domestic abuse, neglect, or harm very seriously. If there is evidence that a parent poses a physical, emotional, or psychological risk to the child, Cafcass may recommend no contact. This is especially true in cases involving: Domestic violence (past or ongoing) Substance abuse affecting parental ability Neglect or abuse , including emotional manipulation Serious mental health issues that pose a direct risk 2. Parental Alienation In cases of Parental Alienation , one parent may actively attempt to damage the child’s relationship with the other parent. If Cafcass determines that ongoing contact would cause psychological distress or further alienation, they may suggest **limiting or suspending** contact until appropriate interventions are in place. Parental alienation can have serious long-term psychological effects on a child, leading to anxiety, depression, and a distorted perception of the alienated parent. How Cafcass Identifies Parental Alienation Cafcass professionals assess whether a child’s rejection of a parent is justified or manipulated . They look for key indicators such as: Unfounded hostility : The child expresses irrational or exaggerated negativity towards one parent without valid reasons. Repetitive negative narratives : The child repeats negative statements about the parent that appear scripted or influenced . Unjustified fear or refusal : The child resists contact with no history of abuse or neglect. Lack of ambivalence : Healthy parent-child relationships usually include a mix of positive and negative emotions . In alienation cases, the child may show complete rejection of one parent and idealisation of the other. When Cafcass Recommends No Contact in Alienation Cases If Cafcass determines that a parent is actively alienating a child and this behaviour causes emotional or psychological harm , they may recommend: Temporary suspension of contact while therapy or intervention is put in place. Supervised contact in a controlled setting to allow safe and gradual reintroduction. No contact if the alienation is extreme and poses a significant risk to the child's mental well-being. In severe cases, Cafcass may even recommend a change of residence if it is in the child's best interests to remove them from a harmful environment. Legal Steps for the Alienated Parent If a parent is falsely accused or alienated from their child, they can take legal steps to restore contact: Gather Evidence – Keep records of messages, missed visits, and any evidence of coaching or manipulation . Seek a Court Order – Apply for a Child Arrangements Order to legally establish contact. Request a Psychological Assessment – A court-appointed expert can assess the child’s views and determine whether alienation is a factor. Work With a Family Law Barrister – A direct access barrister specialising in parental alienation can help present a strong case. Parental alienation is a serious issue that can permanently damage parent-child relationships. Cafcass takes such cases seriously and may recommend limiting or suspending contact to protect the child's mental health. If you are experiencing parental alienation, seeking expert legal support from a public access barrister in family law can help you challenge unfair restrictions and work towards rebuilding your relationship with your child. How Can Parents Challenge a No-Contact Recommendation? If Cafcass recommends no contact, the affected parent has the right to challenge this recommendation in court. Here are some steps that may help: 1. Seek Legal Advice A direct access barrister specialising in family law can provide expert legal guidance on challenging a no-contact recommendation . They can help present evidence that supports safe and positive contact with the child. 2. Provide Evidence of a Safe Environment If Cafcass has concerns about safety, the parent seeking contact should provide clear evidence of improvements or mitigating circumstances, such as: Completion of domestic violence intervention programs Negative drug or alcohol tests (if substance abuse was a concern) Character references from professionals or family members A parenting plan demonstrating commitment to the child’s welfare 3. Request a Second Opinion or Further Assessment If a parent disagrees with Cafcass' findings, they may request a second report or an independent assessment by a child psychologist or social worker. This can be particularly useful if there are concerns about bias or misinterpretation of evidence. 4. Engage in Family Mediation Mediation can sometimes help resolve disputes before they reach court. A trained mediator may assist in negotiating a revised contact arrangement that satisfies all parties while prioritising the child's welfare. 5. Comply with Court-Ordered Steps If the court imposes certain conditions (e.g., parenting courses, supervised contact, or therapy), demonstrating willingness and compliance can work in favour of restoring contact in the long run. Can No-Contact Orders Be Lifted? Yes. If circumstances change, a parent can apply to vary the court order . This may be granted if: There is evidence of rehabilitation (such as completion of therapy or parenting programs) The child’s wishes and feelings change over time A professional assessment supports a gradual reintroduction of contact  Final Thoughts While Cafcass prioritises child safety, their no-contact recommendations are not final. The family court makes the ultimate decision based on all presented evidence. If you face a potential no-contact order , seeking advice from a public access barrister can help you navigate the legal complexities and work towards a positive resolution. For expert support in child arrangement disputes , consulting a direct access barrister in family law can provide you with the best legal strategy to protect your parental rights while ensuring your child's best interests remain at the heart of the case.

The Barrister Group (TBG) stands at the forefront of modern legal services in England and Wales, redefining the traditional concept of barrister chambers. By integrating the exceptional skills of over 240 barristers, including 7 King's Counsel (KCs), with award-winning technology, TBG has established one of the largest and most accessible barristers' chambers in the region. A Reimagined Barristers' Chambers TBG's innovative approach unites multiple specialist groups under one umbrella, ensuring comprehensive legal expertise across various domains: TBG House : Serving as the cornerstone of the chambers, TBG House comprises multidisciplinary barristers with vast knowledge and experience across multiple areas of law. TBG Commercial & Business : Specialist barristers provide outstanding advocacy and advisory services in all areas of commercial law, including commercial litigation, company law, and contract law. TBG Employment : From simple dismissals to complex equal pay matters, specialist employment barristers represent clients from various backgrounds and industries. TBG Family : Known for professionalism and approachability, specialist family barristers are trusted in divorce-related finances, child custody, property disputes, adoption, and more. TBG Media & Information : Expert legal team provides representation and advice on defamation, privacy, malicious falsehood, publication law, and media regulation. TBG Mediation : Exceptional mediation team with unparalleled expertise in resolving disputes, fostering harmony, and delivering exceptional results with professionalism and compassion. TBG PI & Complex Injury : Personal and complex injury barristers handle cases including road traffic accidents, workplace injuries, medical malpractice, and catastrophic injuries. Direct Access Barristers: Bridging the Gap TBG is committed to improving access to justice by offering direct access to barristers. This approach allows clients to engage barristers without the need for a solicitor intermediary, streamlining the legal process and often reducing costs. Through TBG's dedicated direct access platform, Barrister Connect, clients can easily find and instruct barristers suited to their specific needs. Public Access Barristers in Family Law For matters related to family law, TBG provides public access to specialist family barristers. This service enables individuals to directly engage barristers for issues such as divorce, child custody, and property disputes, ensuring expert legal guidance without intermediary barriers. This approach is particularly beneficial in family law matters, where timely and cost-effective legal advice is crucial. Barristers like Stephanie Heijdra , a specialist in family law, offer direct access services, providing clients with expert guidance on complex financial disputes and child-related issues arising from relationship breakdowns or divorce. Innovative Technology Enhancing Legal Services TBG leverages cutting-edge technology to enhance service delivery. The Chambers365 platform offers an electronic case management system, providing clients and barristers with seamless access to case information and communication tools. Additionally, the AI-driven clerk, Billy Bot, streamlines the booking process, ensuring efficient and client-focused service.  A Commitment to Flexibility and Inclusivity Understanding the evolving needs of legal professionals, TBG offers a flexible and inclusive environment. Barristers have the autonomy to choose when and how they work, supported by innovative technology and a dedicated clerking team. This approach not only fosters a positive work-life balance but also ensures that clients receive attentive and personalised legal services. The terms Direct Access and Public Access are often used interchangeably. They both refer to the ability of clients to engage barristers directly. This model has democratized legal services, making it easier for individuals to seek expert advice without procedural delays. Choosing the Right Barrister When selecting a barrister, especially under the Direct Access scheme, consider the following: Specialisation : Ensure the barrister specialises in the relevant area of law. Experience : Look for a track record of handling similar cases. Accessibility : Choose a barrister who is approachable and available to address your concerns. Reputation : Seek testimonials or reviews from previous clients. In conclusion, the evolution of barrister chambers and the introduction of the Direct Access scheme have transformed the legal landscape in England and Wales. Organizations like The Barrister Group exemplify this modern approach, offering clients unparalleled access to legal expertise across various disciplines. Whether you're seeking assistance in family law or other legal matters, the option to engage a direct access barrister provides a streamlined, efficient, and effective pathway to justice.

Fertility Law The Human Fertilisation and Embryology Act 2008 is a landmark piece of legislation in the United Kingdom, particularly in terms of how it has shaped the landscape of surrogacy and the legal recognition of parenthood. This Act made significant amendments to the Human Fertilisation and Embryology Act 1990, adapting to the evolving social and medical landscape surrounding fertility, family structures, and assisted reproduction. The 2008 Act redefined who can be recognized as the legal parent of a child born through assisted reproductive methods, including surrogacy. Traditionally, legal parenthood was largely based on biological connections or on a legally recognized relationship, such as marriage. However, the 2008 Act expanded the scope of who could be recognized as a child's legal parent, enabling individuals and couples—regardless of their gender, marital status, or sexual orientation—to establish a legal parental relationship with a child, even in cases where they are not biologically related. Key Changes in Parenthood and Surrogacy Law One of the core changes introduced by the Human Fertilisation and Embryology Act 2008 pertains to legal parenthood in the context of surrogacy. Under the Act, non-biological parents, including same-sex partners and unmarried couples, can become the legal parents of a child born via surrogacy, provided that they satisfy specific legal criteria. This inclusion reflects a significant shift toward recognizing diverse family forms and promoting equal rights for same-sex couples, as well as for heterosexual couples who may choose not to marry. The provisions laid out in the 2008 Act address different types of relationships to ensure that legal parenthood can be acquired by non-biological parents under varying circumstances. Depending on whether a couple is married, in a civil partnership, or neither, the legal requirements differ, yet the overarching goal remains the same: to provide a clear pathway for non-biological parents to gain legal recognition and rights in relation to a child born through assisted reproduction. Legal Requirements for Establishing Parenthood Married and Civil Partner Couples For couples who are either married or in a civil partnership, the 2008 Act provides a relatively straightforward route to establish legal parenthood when a child is born through surrogacy. In cases where a married couple or civil partners have a child through assisted reproductive methods, the law automatically assumes that the non-biological spouse or civil partner is the legal parent, provided that they have consented to the process. This means that the non-biological parent does not need to take any additional legal steps to be recognised as the child's parent, simplifying the process for married couples and civil partners alike. The law’s recognition of consent as a fundamental criterion for establishing parenthood highlights the emphasis on intention and commitment to the child, rather than solely on biological factors. This legal presumption of parenthood for married couples and civil partners applies regardless of the couple's gender, ensuring that same-sex spouses or civil partners are afforded equal legal rights as parents. Unmarried and Non-Civil Partner Couples For couples who are not married or in a civil partnership, the process of obtaining legal parenthood is more complex. Under the Human Fertilisation and Embryology Act 2008, unmarried couples, whether heterosexual or same-sex, do not have the automatic presumption of parenthood. Instead, they must meet certain conditions to become the legal parents of a child born via surrogacy. The Act requires that unmarried couples go through a legal process known as a "parental order" to establish parenthood formally. This order serves as a legal document that transfers parental rights from the surrogate (and, if applicable, her spouse or partner) to the intended parents. For a parental order to be granted, several conditions must be met, including: - The Couple’s Relationship: The applicants for the parental order must be in an "enduring family relationship," although they do not need to be married or in a civil partnership. This is an essential criterion, as it reflects the stability of the intended family environment for the child. - The Child's Conception and Birth: The child must have been conceived through a surrogacy arrangement and born to a surrogate mother, who agrees to relinquish her parental rights. - Residency Requirement: The intended parents must reside in the UK, Channel Islands, or Isle of Man. - Age Requirement: The applicants must both be over 18 years old. - Timing of Application: The parental order application must be submitted within six months of the child's birth. This timeline underscores the importance of a timely legal transition to establish the child’s family environment and to avoid any potential legal ambiguity. These requirements reflect a nuanced approach by the law to ensure that intended parents meet a standard of commitment and stability while balancing the rights and involvement of the surrogate mother. The law also mandates that the surrogate and her spouse or partner (if applicable) must freely and unequivocally consent to the parental order, reinforcing the importance of all parties' voluntary involvement in the surrogacy arrangement. Consent as a Central Element in Surrogacy Law One of the defining principles of the Human Fertilisation and Embryology Act 2008 is the requirement for informed and voluntary consent from all parties involved in surrogacy arrangements. This focus on consent not only safeguards the rights of the surrogate but also provides a structured framework for the intended parents to gain legal recognition. For married couples and civil partners, the act of consenting to the assisted reproduction process suffices to establish legal parenthood. However, for unmarried couples, the law requires that the surrogate and her partner (if applicable) give formal consent to the parental order, ensuring that all parties agree to the transfer of parental responsibility. If the surrogate withdraws her consent at any point before the parental order is granted, the intended parents may face significant legal challenges. In such cases, the court will prioritize the best interests of the child and may consider various factors to determine where parental responsibility should lie. This provision reinforces the role of the courts in overseeing surrogacy arrangements, ensuring that the child’s welfare is the paramount consideration. The Role of the Family Courts Family courts play a crucial role in surrogacy arrangements under the Human Fertilisation and Embryology Act 2008, especially when parental orders are involved. In the UK, the family court is responsible for assessing parental order applications to determine whether they meet the legal requirements outlined by the Act. In making their decision, family judges consider not only the satisfaction of legal criteria but also the best interests of the child. The courts have broad discretion in these cases and may consider the intended parents’ relationship stability, the home environment, and the ability to provide for the child’s needs. If a parental order is contested or if issues arise regarding consent from the surrogate, the court has the authority to make alternative orders that reflect the child’s welfare as the primary concern. In some cases, this may mean that parental responsibility is shared or remains with the surrogate if it is deemed to be in the best interests of the child. Considerations for Overseas Surrogacy Arrangements With the rise in overseas surrogacy arrangements, particularly in countries where surrogacy laws are less restrictive or where commercial surrogacy is permitted, UK family courts increasingly encounter complex legal scenarios. While the Human Fertilisation and Embryology Act 2008 provides a framework for surrogacy within the UK, overseas arrangements often introduce additional legal challenges. The courts are required to balance the UK’s legal requirements with the reality of international surrogacy practices. For instance, if a child is born to a surrogate in a foreign country and the intended parents wish to bring the child to the UK, they must apply for a parental order upon their return. This order must still meet the legal requirements under UK law, including the surrogate’s consent and the submission timeline of six months post-birth. In many cases, the courts will consider whether the international surrogacy agreement adheres to UK standards of informed consent and ethical practices before granting a parental order. The Evolution of Family Law and Social Policy The Human Fertilisation and Embryology Act 2008 represents a forward-thinking approach to family law, reflecting changing societal views on family and parenting. By recognising non-traditional family structures and enabling non-biological parents to gain legal rights, the Act supports a more inclusive definition of parenthood. This inclusivity is particularly important for same-sex couples and unmarried partners, who may have previously faced legal barriers to establishing a recognised parental relationship. The Act’s emphasis on consent, intention, and the child’s welfare also aligns with broader shifts in social policy that prioritise the best interests of children and respect the rights of individuals involved in assisted reproduction. Over time, the Act has helped to establish a legal environment that accommodates diverse family arrangements while upholding ethical principles surrounding surrogacy and assisted reproduction. Future Considerations While the Human Fertilisation and Embryology Act 2008 made substantial advancements, ongoing debates continue around surrogacy law and parenthood in the UK. Some advocates argue for further reforms to address lingering issues, such as the six-month timeframe for parental orders, which can present logistical challenges for families engaged in international surrogacy. Others have called for the introduction of a streamlined pathway to parental recognition for unmarried couples, reducing reliance on the parental order process. Additionally, there are calls to reconsider the regulation of commercial surrogacy in the UK, which remains prohibited, leaving some intended parents to pursue surrogacy arrangements abroad. Proposals for a regulated commercial surrogacy framework within the UK, along with clearer protections for surrogate mothers and intended parents, are under consideration, particularly as public attitudes toward surrogacy continue to evolve. In summary, the Human Fertilisation and Embryology Act 2008 brought about significant changes to UK surrogacy and parenthood laws, emphasising inclusivity, consent, and the best interests of children. It provides a legal basis for non-biological parents to obtain parental rights, reflecting a commitment to adapting family law to modern societal values and family. Not legal advice For legal advice, please contact Stephanie Heijdra – Barrister via sh@stephanieheijdra.com | www.theladybarrister.co.uk | 02071014682

Specialist surrogacy lawyers offer expert legal advice on UK surrogacy arrangements, ensuring you navigate the process with confidence and are fully aware of your rights and obligations. If you are building or considering building your family through a UK surrogacy arrangement—commonly referred to as domestic surrogacy—it is essential to obtain legal advice. This will ensure that you, and your partner if applicable, are legally recognized as the parents of your child. The legal landscape surrounding surrogacy in the UK can be complex, and our role is to help you understand your position at every stage—whether you are just starting to explore the process, already expecting a child through a surrogate, or dealing with the legalities post-birth. Key Legal Considerations Surrogacy and Parentage in UK Law: In the UK, the woman who gives birth to the child—the surrogate—is automatically regarded as the child's legal mother. Regardless of the intentions of the surrogate and the intended parents, this legal status remains in effect until steps are taken to alter it. It’s also important to note that the surrogate is responsible for registering the birth of the child within six weeks of the birth. The determination of who else is legally recognized as a parent depends on several factors: - If the surrogate is married, her husband is legally considered the father of the child, unless otherwise stipulated. - If the surrogate is in a same-sex marriage or civil partnership, her spouse or civil partner will be recognized as the other legal parent. - If the surrogate is unmarried, the intended biological father is often legally recognised as the father, provided he is the child’s biological parent. - If conception occurs at a licensed UK fertility clinic, another person—such as the intended mother or a non-biological father—can be nominated as the second legal parent, subject to consent forms signed during the process. Parental Orders: A Vital Legal Mechanism In the UK, the most critical legal tool for formalizing parentage in surrogacy cases is a *parental order*. This is a court order that transfers legal parenthood from the surrogate (and her spouse, if applicable) to the intended parents. Once granted, the parental order permanently removes the legal rights and responsibilities of the surrogate, and the intended parents become the child’s legal parents. The child’s birth certificate will be re-registered to reflect this change. Applying for a parental order is essential for ensuring that the intended parents have full legal rights and responsibilities over their child. Without it, the intended parents are not legally recognised as the child's parents under UK law. Requirements for a Parental Order In order to be granted a parental order, the court must be satisfied that several specific criteria are met: - At least one of the intended parents must be genetically related to the child. - The child must have been carried by the surrogate as a result of assisted reproduction, meaning natural conception does not qualify. - If there are two intended parents, they must either be married, in a civil partnership, or in an enduring family relationship. Same-sex couples and co-parents can also apply together. In some cases, separated couples may still qualify if they meet the definition of an enduring family relationship. - Any intended parent must be over 18 years old. - The child must be living with the intended parents, and at least one of them must be domiciled in the UK, Channel Islands, or Isle of Man. - The application must be made within six months of the child’s birth, although courts may extend this deadline in exceptional circumstances. - The surrogate, as well as any other person recognized as a legal parent at birth, must provide their consent to the parental order. This consent cannot be given until at least six weeks after the birth. - Any payments made to the surrogate beyond reasonable expenses must be approved by the court. The Importance of Legal Advice Without a parental order, intended parents in the UK are not legally recognized as their child’s parents, even if they are biologically related. This can lead to significant legal complications in areas such as custody, parental rights, and inheritance. Our team is here to guide both intended parents and surrogates through the process, helping to ensure that all parties are legally protected and that the necessary steps are followed to secure a parental order. The recent case of P v Q and Others (2024) illustrates the complexities that can arise when informal surrogacy arrangements, especially those involving artificial insemination or disputes over parental rights, are not properly regulated. In that case, a same-sex couple faced challenges in determining legal parenthood due to a lack of clear agreements and the involvement of a sperm donor. The High Court emphasized the importance of adhering to formal legal processes to avoid uncertainty about the child's legal parentage (ewfc_b_2024_85). Whether you’re just beginning your surrogacy journey or are already in the process, we provide comprehensive legal support to ensure your family is legally recognised and protected. Let us help you navigate the legal complexities of surrogacy in the UK with expert advice and guidance. For advice and representation contact Stephanie Heijdra barrister via sh@stephanieheijdra.com , or 02071014682

What is TOLATA? The Trusts of Land and Appointment of Trustees Act 1996 (commonly referred to as "TOLATA") governs the relationship between landowners and those occupying the land. How does TOLATA affect cohabiting couples? TOLATA focuses on trusts of land, meaning the legal owner (trustee) of a property may differ from the person who benefits from it (the beneficiary). In the context of cohabiting couples, one partner may own a share of the family home without being a legal owner, or both may be legal owners, but their shares may not be equal. If a couple cannot agree on property matters after separation, they can apply to the Court under TOLATA. The Court can then decide who owns a share of the property, the size of those shares, who can live there, and if or when the property should be sold. How does TOLATA function? The Court starts by examining what the parties intended when the trust was created. Often, there isn’t a clear agreement between the cohabitees, so the Court must infer their intentions based on their actions. Each case is unique and depends on its own circumstances. The Court will consider various factors, such as discussions before purchasing the property, the reason for buying it, whether it was bought in one or both names, if the couple had children, and how they managed their finances. How does the Court treat the family home differently in a divorce case compared to a TOLATA case? In a TOLATA case, the Court looks at how the parties intended to own the property, focusing on the past. In divorce proceedings, the Court (under the Matrimonial Causes Act 1973) considers future needs and aims to divide the property fairly. These differing approaches can lead to significantly different outcomes. Are there other differences between TOLATA claims and divorce cases? Yes, TOLATA claims and divorce litigation follow different court rules. This distinction is particularly important regarding costs. In a TOLATA claim, the successful party might recover 60-70% of their legal costs, whereas in family proceedings, each party typically pays their own costs (with some exceptions). Therefore, anyone pursuing a TOLATA claim should consider the potential cost liability before proceeding to trial. Does TOLATA apply to married couples? Although the family courts typically rely on matrimonial law when dealing with property disputes in divorce cases, it is possible for a spouse to use TOLATA to claim a share of the family home that they might not otherwise be entitled to under matrimonial legislation. What should you do? It’s best to address these issues before purchasing a property by ensuring your intentions are clearly recorded. If you’re facing a property dispute or need advice on your rights under TOLATA, contact us for a consultation. We can guide you on whether a Court application is a suitable strategy for your situation. (not legal advice) For comprehensive legal advice, please book via the website or via - sh@stephanieheijdra.com - 02071014682