TOLATA is the acronym for the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), the Act under which the Courts have the power to resolve property and land ownership disputes. If you are living together when you are not married or in a civil partnership, this is the law that will be applied to your claims to the property (or a share of the property) in which you live, for example. A family law solicitor can help you make a claim or represent you if your partner makes a claim against you. You can settle claims outside of Court.
Adoption is the legal process through which parental responsibility for a child is transferred to an adoptive parent. The adoptive parents take on all parental rights and responsibilities for the child, such as where they live, the schools they attend and medical matters. When a child is adopted, the biological parents give up their parental responsibility for the child.
There are two routes to adopting a child within the UK:
- Through an adoption agency via your local council
- Through a voluntary adoption agency
The first step in the adoption process is to contact the adoption agency and provide them with any information they require. Next, the agency will arrange to meet you to assess your suitability. If you are successful at this stage, and want to move forward, the agency will send you an application form.
You may be eligible to adopt a child if you:
• Are over the age of 21
• Have lived in the UK, Channel Islands or Isle of Man for at least 12 months
• Meet the local authority’s selection criteria.
You need to prove that you can meet the needs of the child. There's no universal set of adoption requirements, but there are steps prospective adoptive parents can take to demonstrate your suitability.
Collaborative means working together but in the context of family law, it means more. Collaborative law is a particular way of both parties and their solicitors (who must be specially trained in Collaborative law) working together towards a resolution of points of dispute between them. It is an alternative to going to court, and couples who choose collaborative divorce make a commitment not to go to court.
Collaborative divorce begins with you, your partner and your respective solicitors signing a 'participation agreement’. A participation agreement is a legally binding document to say that you will all work together and come to a final agreement on your divorce. Your solicitors will work as a team to guide you through discussions (called four-way meetings), giving you advice, making suggestions, testing options and steering you towards an agreement. Other expert advisers might also be able to attend the meeting to give extra assistance.
Arbitration is a way of resolving dispute – whether in relation to finances or arrangements for children. An independent arbitrator (like a judge) is appointed jointly by the parties to adjudicate on the points in dispute. The arbitrator’s decision/adjudication is called an ‘award’, which will be binding on the parties.
Once parties have agreed to enter into arbitration, the first step will be to agree an arbitrator. An arbitrator is a family lawyer (a specialist family law solicitor or barrister) who is qualified to sit as an arbitrator. The arbitrator will set the steps to be taken and the timetable. Both parties may have solicitors to advise them during the process and either a solicitor or a barrister to represent them at the arbitration (akin to a court hearing before the arbitrator).
A parenting plan is an agreement between seperated or divorced parents about how to raise their children. Both parents need to agree to the plan. A parenting plan can be changed at any time, for example as the children grow up, provided both parents agree.
(A parenting plan is a voluntary agreement between parents and does not involve a court process).
A Parenting Plan template is available from the Children and Family Court Advisory and Support Service (CAFCASS).
If you have parental responsibility before you separate from or divorce your child’s parent, you will not lose it because of the separation or divorce.
If you were married when your child was born, both you and your spouse automatically have parental responsibility. A mother has parental responsibility from the birth of the child regardless of whether she is married to the father. If the father is not married to the mother when the child is born, they do not automatically have parental responsibility but will acquire it if their name is on the child’s birth certificate, if they have a Court Order granting it or if they have a legally binding agreement with the mother.
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