Children Matters
Our family law team is dedicated to helping you reach solutions that are in the best interests of your children, providing clear advice and sensitive support every step of the way.
Children Matters
When families separate, arrangements for children are often the most important and sometimes the most difficult issues to resolve. Our family law team is dedicated to helping you reach solutions that are in the best interests of your children, providing clear advice and sensitive support every step of the way.
Child Arrangements (Custody and Contact)
What Are Child Arrangements?
Child arrangements (previously known as “custody” and “access” or “contact”) refer to where your children will live and how much time they will spend with each parent after a separation or divorce.
Key Points
- The law focuses on the child’s welfare and best interests above all else.
- Arrangements can be agreed between parents or, if necessary, decided by the court.
- The court encourages parents to work together and will only intervene if agreement cannot be reached.
Types of Arrangements
- Live with: Where the child will live (can be with one parent or shared between both).
- Spend time with: How and when the child will see the other parent (including overnight stays, weekends, holidays, and special occasions).
How We Can Help
We can help you negotiate and formalise arrangements, either through direct discussions, mediation, or, if needed, by applying to the court for a Child Arrangements Order. Our aim is to minimise conflict and ensure your child’s needs are met.
Parental Responsibility
What Is Parental Responsibility?
Parental responsibility means the legal rights, duties, powers, and responsibilities a parent has for a child. It includes making decisions about the child’s upbringing, education, medical care, and religion
Why Is It Important?
Parental responsibility allows you to be involved in key decisions about your child’s life. Disputes can arise if parents disagree on important issues, such as schooling or medical treatment.
How We Can Help
We advise on your rights and options, help you reach agreements, and, if necessary, assist with applications for Parental Responsibility Orders or Specific Issue Orders.
Who Has Parental Responsibility?
- Mothers automatically have parental responsibility.
- Fathers have it if they are married to the mother or are named on the birth certificate (after 1 December 2003 in England and Wales).
- Others (such as step-parents or guardians) can acquire parental responsibility through agreement or a court order.
Child Abduction and Relocation
What Is Child Abduction?
Child abduction in family law refers to one parent taking a child out of the UK, or keeping them abroad, without the other parent’s consent or a court order. This is a serious matter and can have significant legal consequences.
What Is Relocation?
Relocation involves one parent wishing to move with the child to another part of the UK or abroad. This can be for personal, family, or work reasons.
How We Can Help
We provide urgent advice and support in cases of potential or actual abduction, including emergency court applications. We also assist parents seeking to relocate or those opposing a proposed move, always focusing on the child’s best interests.
Key Points
- Removing a child from the UK without the other parent’s consent or a court order is unlawful.
- If you fear your child may be taken abroad without your agreement, urgent legal action can be taken to prevent this.
- If you wish to relocate with your child, you must seek the other parent’s agreement or apply to the court for permission.
