Family and Childcare Law
Family and childcare lawyers in England and Wales specialise in legal matters related to family relationships and the welfare of children. Their work encompasses a wide range of issues, from divorce and child custody to adoption and protection from domestic abuse. This page is designed to give you a glimpse into the daily life of a family lawyer, offering insights and tips to help you navigate the challenges and seize the opportunities that come your way.
Welcome to the world of family and childcare law
Family and childcare law in England and Wales is a comprehensive legal practice area that addresses issues related to family relationships such as divorce, child welfare, and domestic matters. Aspiring lawyers specialising in this field will deal with various legal aspects involving families, children, and domestic relationships. Childcare Law focuses on the welfare and protection of children, addressing matters such as custody, adoption, child protection, and welfare proceedings.
Here's an overview of the practice area
Nature of work
Divorce and separation
Divorce proceedings include handling separations and the legal dissolution of marriages and civil partnerships.
Child arrangements
This includes custody and access, determining living arrangements for children, visitation rights, and parental responsibilities. Parental Responsibility involves dvising on the rights and duties of parents, including decision-making authority over a child's upbringing.
Adoption and fostering
Guiding clients through the adoption process and legal procedures for adopting a child, including assessments and court applications. This includes fostering arrangements and advising on legal issues related to fostering children, including approvals and regulatory compliance.
Child protection
This includes care proceedings and representing clients in cases where local authorities intervene to protect children, which may involve removing a child from their home. Advising on Child Protection Orders and seeking or defending against orders designed to protect children from harm.
Domestic violence
Obtaining injunctions and restraining orders to protect clients from domestic abuse and violence. Support and Advocacy in providing legal support and representation for victims of domestic violence.
Ancillary relief
Financial Settlements include negotiating and securing financial arrangements post-separation, including division of assets, spousal maintenance, and child support.
Key Competencies
Client advising
Meeting with clients to understand their situation, provide legal advice, and outline available options.
Case preparation
Gathering evidence, drafting legal documents, and preparing cases for court hearings.
Negotiation and support
Engaging in negotiations to resolve disputes amicably, often through mediation or collaborative law.
Advocacy
Representing clients in family courts, including presenting arguments, examining witnesses, and making submissions.
Case preparation
Gathering evidence, interviewing witnesses, liaising with child protection, and preparing legal documents.
Legal research
Keeping up to date with case law, statutes, and regulations affecting family and childcare law.
Additional training
Law Society’s family law accreditation: Obtaining accreditation from the Law Society’s Family Law Panel, which demonstrates expertise in family law. Children law accreditation: A specialised accreditation focusing on children law, including representing children in legal matters. Family mediation training: Completing training to become a family mediator accredited by the Family Mediation Council (FMC). Collaborative law training: Training in collaborative law, which focuses on resolving family disputes through cooperative, non-adversarial methods. Domestic abuse awareness Training: Specialised training on handling cases involving domestic abuse and understanding the legal protections available. Parental alienation and child arrangement training: Courses focusing on issues such as parental alienation and complex child arrangement cases.
Which kind of organisations do this work
Legal Aid Firms and Solicitors’ Offices: Law Firms Specialising in Family Law: Many law firms that specialise in family law hire paralegals to assist with casework. These firms can often be found through legal directories or the Law Society’s "Find a Solicitor" tool. High Street Solicitors: Smaller, local law firms often provide family law services and may have openings for entry-level paralegals. Legal Aid Organisations: Law Centres: Law centres offer free legal advice to those who cannot afford it and often work on family and childcare cases. They frequently hire paralegals to assist with their caseloads. Citizens Advice Bureau (CAB): CAB offices provide advice on various legal matters, including family law, and may offer roles for paralegals. Non-Profit Organisations and Charities: Family Rights Group: This organization supports families involved with local authority children’s services and may have opportunities for paralegals. Rights of Women: Provides legal advice and support for women on family law issues, including domestic violence and child custody. They sometimes have paralegal openings. National Family Mediation: Works on resolving family disputes outside of court, often employing paralegals to support their mediation services. Local Authorities: Many local councils have legal departments that handle family and childcare cases, often employing paralegals. HM Courts & Tribunals Service: Paralegals can find roles assisting in the administration of family courts.
Professional bodies and resources
The Law Society: family and children resources
The Bar Council: Represents barristers and provides relevant information and resources.
Gov.uk: Provides comprehensive information on family law topics, including divorce, child custody, and adoption.
Resolution: Community of family justice professionals who work with families and individuals.
Association of Lawyers for Children: A national association of lawyers and allied professionals working in the field of children law.
Advicenow: Offers self-help guides on various family law issues, from divorce to child arrangements.
Coram Child Law Advice: Provides legal advice and information on child, family, and education law.
Rights of Women: A charity providing free legal advice to women on family law, including domestic violence, divorce, and child custody.
Gingerbread: Offers support and advice for single parents, including legal issues related to family law.
Child Poverty Action Group (CPAG): Provides legal advice on issues affecting children and families, particularly around benefits and welfare.