Children Matters

Child Law

We deal with all aspects of private children matters, if you are experiencing difficulties being able to spend time with your child, or you would like to take your child on holiday and the other non-resident parent is refusing, then please telephone us for straightforward friendly advice. We cover all aspects of children matters and your children are always at the forefront of our minds when taking instructions from you, we offer the following services, including and not limited to the following:
• Referral and assistance with Mediation
• Negotiating spending time arrangements with the other parent
• Applications to Court and Representation, including emergency applications to prevent removal of a child.
• Advice upon current proceedings
A Child Arrangements Order (CAO) in the UK is a type of court order under Section 8 of the Children Act 1989. It sets out the practical arrangements for a child’s upbringing when parents (or others with parental responsibility) cannot agree on the arrangements for the children and for instance with whom the child or children should live with.

What is a Child Arrangements Order?

A CAO decides things like:

• Where the child lives (previously called a residence order)
• When and how the child spends time with each parent (previously contact order)
• Other forms of contact (e.g. phone calls, video calls, letters, etc.)

Who can apply?

• Parents (biological or adoptive)
• Anyone with parental responsibility (e.g. stepparents with PR, guardians)
• Grandparents or other relatives with the court’s permission

How to apply

Mediation – Before applying, you usually must attend a Mediation Information & Assessment Meeting (MIAM) (unless exemptions apply, e.g. domestic abuse).
Application (Form C100) – Submit to the family court.
CAFCASS involvement – The Children and Family Court Advisory and Support Service checks for safety concerns and may speak to the child, or if there is prior involvement with the local authority, the courts may appoint the local authority to get involved to assist the court and to prepare a report.
Court hearings – The judge (or magistrates) considers the evidence, reports, and the child’s welfare.

The Court’s guiding principle

The child’s welfare is the paramount consideration (the “welfare principle”). Judges consider the welfare checklist (Children Act 1989, s.1), including:
• The child’s wishes and feelings (depending on age & maturity)
• Physical, emotional, and educational needs
• The likely effect of changes in circumstances
• The child’s age, sex, background, and characteristics
• Any harm suffered or risk of harm
• The ability of each parent to meet the child’s needs

How long does it last?

• It normally lasts until the child is 16 years old (or 18 in exceptional cases).
• It can be varied or discharged by the court if circumstances change.

Enforcing a CAO

If one parent breaches the order, the other can apply to the court to enforce it. The court can:
• Vary the order
• Impose unpaid work requirements
• Fine the breaching party
• In extreme cases, consider transferring residence

It is essential that advice is obtained at an early stage and in some cases they can settle without ever reaching court or even at the initial hearing with the Court’s permission.
The Court’s priority is what is in the best interests of the child or children and here at Bailey Smailes this is key to our advice and approach in advising and representing you in respect of your children matter.
Please contact one of our specialist family solicitors today.

Estate Administration

At Bailey Smailes we have vast experience of helping clients to administer estates and it has been a core part of our practice ever since 1827. We only employ Solicitors to deal with Estates so that you know you will receive gold service legal advice at such a difficult time. At the outset of a matter, you will be dealt with by one dedicated Solicitor who will handle your matter throughout.

To fully administer an Estate we anticipate this will take between 10 and 20 hours work. Fees are charged at £245 + VAT per hour (for a Director or Senior Solicitor) or £215 + VAT per hour (for a Solicitor, dependent on seniority). Total costs estimated at £2,000-5,000 (+VAT). VAT is currently 20%.

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

We will handle the full process for you. This quote is for estates where:

There is a valid will
There is no more than one property
There are no more than 5 bank or building society accounts
There are no other intangible assets
There are 1-5 beneficiaries
There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
There is no inheritance tax payable, and the executors do not need to submit a full account to HMRC
There are no claims made against the estate

Disbursements included in this fee:

Probate application fee of £155.00
Office Copies of the Grant of Probate cost £1.50 each
Bankruptcy-only Land Charges Department searches (£2 per beneficiary)
Trustee Act Notices which help protect against unexpected claims from unknown creditors can be placed in the London Gazette and in a Local Newspaper. This is optional and you will be advised, as an Executor, about this. Likely cost is approximately £200.00 + VAT

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Potential additional costs

If there is no Will or the Estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the Estate and how it is to be dealt with. We can give you a more accurate quote once we have more information and we will update you regularly as the matter progresses.
If any additional copies of the Grant are required, they will cost £1.50 (1 per asset usually). Generally, we would suggest it sensible to obtain one copy per asset to ensure the Estate can be administered in a more timely fashion.
Dealing with the sale or transfer of any property in the estate is not included.

How long will this take?

On average, Estates that fall within this range are dealt with within 6-12 months. Typically, obtaining the Grant of Probate can take up to 16 weeks. Collecting assets then follows, which can take between 6-10 weeks for bank accounts or similar. If there is a property within the Estate that requires selling, a conveyance usually takes 6-8 weeks. This is in addition to the time it takes to secure a buyer. Once a property has been sold, we will close the utility accounts, insurance, Council Tax, etc. This work usually takes 4 weeks. Once this has been done, we can distribute the assets, which normally takes 1-2 weeks.

Fixed Fees

The above is an indication of likely cost on a time basis. We do tend to find that clients prefer a fixed fee quote for Estate Administration work, and these are provided on request. Should a fixed fee be requested we will not undertake any further work until you are happy with and accept that fixed fee quote. The Disbursements referred to above are also payable in addition to the firm’s fixed fee.

No matter how you decide you would wish for us to charge we will always: –

Provide you with a dedicated, experienced and specialist probate solicitor to work on your matter
Identify the legally appointed executors or administrators and beneficiaries
Accurately identify the type of Probate application you will require
Obtain the relevant documents required to make the application
Complete the Probate Application and the relevant HMRC forms
Submit the Online Probate application to HMCTS for you
Submit the paper application together with supporting documents to the Probate Court on your behalf
Obtain the Probate
Collect and distribute all assets in the estate

Children Matters

related pages