• Looking After the Child's Best Interests

    Looking After the Child's Best Interests

The Rights of Children and Parents

Parental Responsibility

Every parent has the right to fulfil his or her parental responsibilities and have the child living with him or her or decide upon where the child should live; to decide upon the child's upbringing; and if not living with him or her, to have contact with the child (subject to any issues of safety and welfare).

Residence

Residence means with whom a child shall live.

Contact

Every parent has the legal right to have contact with his or her child, (subject to any issues of safety and welfare).

Family Court Welfare Report

When there is a disagreement between parents as to with whom a child should live, or as to the arrangements and frequency of contact, it may become necessary to make an application to the Supreme Court of Gibraltar for a Family Court Welfare Report. This Report shall be undertaken by the Gibraltar Care Agency. In the Report recommendations will be made to help the Court decide with which parent a child should live and what contact the non-resident parent should enjoy; or whether the child should live with both parents for approximately equal time.

Grandparents

Grandparents also have a legal right to enjoy contact with their grandchildren (subject to any issues of safety and welfare).

Child Maintenance in Gibraltar

Amber Law can help guide you towards assessing a fair and reasonable sum payable towards the maintenance of your child in Gibraltar. In the event that your child lives in Spain, our Spanish Legal Consultant is also available to offer advice.

Calculating Child Maintenance

Amber Law will ask you to provide a list of all your income and expenditure and also that of your former partner, if known, and (if necessary) your new partner’s if cohabiting. Some parents decide to work together in an open manner and provide the full picture of their financial situation to each other. This enables the parents to move forward with trust and cooperation, keeping child focused. If this is not possible, Amber Law will assist in obtaining the financial disclosure for you, so that child maintenance is secured at the earliest possible time and as a last resort, through an application to Court.

Child's Best Interests & Welfare

It is both parents’ legal obligation to provide sufficient financial and/or other support for their child. This will depend on with whom the child lives. Is one parent a primary carer? Are the living arrangements for the children shared approximately equally between the parents? The level of child maintenance payable also depends on the income levels of each parent and their earning capacity. The focus is on the child’s best interests and welfare and what his or her needs are. Every family’s situation is different. Amber Law’s task is to create the best 'package' for each family’s needs.

Some children have specific health or behavioural problems which may require extra expenses over and above their basic needs, such as specialist medical care, dietary requirements, opticians fees and so on. This is why every case is treated by Amber Law as unique.

To contact Amber Law for an appointment please email info@amberlaw.gi or call (+350) 200 67585.