In the wake of a divorce, separation, or any other type of family upheaval, the primary concern for most people centres around what will happen to their children and who will secure ‘custody’.
It should be noted that the term ‘child custody’ is now considered outdated in UK family law. Instead, the legal framework refers to these matters as ‘child arrangements,’ which determine where a child lives, how much time they spend with each parent, and other key aspects of their upbringing.
However, we recognise that parents will still refer to ‘child custody’ when they are discussing what will happen to their children following a divorce or separation.
Discussions surrounding ‘child custody’ can be extremely complicated to navigate, especially if you and your former partner are unable to come to an agreement over what should happen. In such cases, seeking specialist legal advice is the first step to achieving a positive outcome, especially as it can help you to reach an out of court solution.
At Woolley & Co, our aim is to make the process of resolving ‘child custody’ matters as straightforward and stress-free as possible. We will provide carefully tailored advice and explain what steps you need to take to secure your position and ensure your child’s welfare is considered.
Our experienced ‘child custody’ solicitors can help with:
- ‘Child custody’ disputes
- Child arrangements orders
- Parental responsibility and guardianship
- Relocation ‘custody’ cases
Talk to Woolley & Co’s ‘child custody’ solicitors
If you need any support with child arrangements, previously known as ‘child custody’, our specialist team at Woolley & Co will be available to help.
For a free 30-minute initial chat with one of our ‘child custody’ solicitors, call 0800 321 3832 or complete our online form.
Alternatively, we also offer a detailed case assessment for £600+VAT, including time to discuss your case with an experienced ‘child custody’ lawyer and receive advice on the options open to you – you can find out more about this here.
How our ‘child custody’ solicitors can help
‘Child custody’ disputes
It is not uncommon for separating parents (or anyone else with parental responsibility) to disagree on ‘child custody’ matters. However, it is often possible to find a solution to these types of disputes through informal negotiation or mediation, avoiding the need for the courts to become involved.
Our specialist ‘child custody’ lawyers will work alongside you to clarify your circumstances and what the dispute involves so we can advise you on the options available to you.
Child arrangements orders
If negotiations and mediation have not been successful in helping you reach an agreement on ‘child custody’, you can apply to the courts for a child arrangements order.
This can be a lengthy and complex process, potentially involving multiple court hearings. Rest assured, if there are no other alternatives, we will carefully guide you through every aspect of an application, making sure that your case is meticulously prepared, so you are able to navigate the process successfully.
Parental responsibility and guardianship
Parental responsibility is defined as ‘the rights, duties, powers, responsibilities and authority which, by law, a parent of a child has in relation to the child and their property’.
Put more simply, anyone with parental responsibility will be able to have a say in ‘child custody’ matters.
If you have any questions or concerns about parental responsibility and how it might affect your situation, we can offer you the support you need.
Relocation ‘custody’ cases
If you or your former partner have any plans to relocate with your child, this will almost certainly require the permission of the other parent. If you cannot come to an immediate agreement, you will have the opportunity to negotiate with your former partner so that you can come to a compromise, which is something our team will be able to support you with.
If you have attempted to reach an out of court solution, heading to court may be the only solution.
No matter which side of a relocation ‘custody’ case you fall on, our experienced ‘child custody’ solicitors will be able to offer comprehensive advice on your position and what steps you will need to take to reach a positive outcome.
Common questions about ‘child custody’
Do I need a ‘child custody’ solicitor?
Whether or not you will need the support of a specialist ‘child custody’ solicitor when handling arrangements for your children will depend on your individual circumstances.
Naturally, in cases where you are not able to come to an agreement with your former partner, or where you feel that they are not following the terms of an existing agreement, an experienced ‘child custody’ solicitor will be well placed to advise you on the best course of action and how you can work together to reach an agreement without the need for court intervention.
That said, even in cases where you and your former partner are able to work together amicably, it can still be beneficial to seek out legal support to make sure that you are able to reach an agreement that is in your child’s best interests and protects your parental rights.
How can a solicitor help with ‘child custody’ arrangements?
The level of support a solicitor for ‘child custody’ will provide largely depends on your circumstances and what you are looking to achieve.
‘Child custody’ legal advice can include support in reaching an agreement through alternative means, such as mediation, as well as guidance with the process of making an application for a child arrangements order if reaching an agreement out of court is not possible.
If you already have a ‘custody’ agreement in place and it is breached by the other parent, support could also come in the form of advising you of your options and taking steps to enforce an order.
What factors do courts consider in ‘child custody’ cases?
In many cases, involving the courts in a ‘child custody’ case will be a last resort. However, if they do become involved for any reason, they will take various factors into consideration when assessing a case. The primary factor will always be to reach a decision which is based on the child’s welfare and best interests.
Specifically, when making decisions about ‘child custody’, the courts will usually refer to a Welfare Checklist, which will include:
- The wishes and feelings of the child, (whilst being sure to consider their level of understanding and their age)
- The educational, emotional, and physical needs of the child
- How the circumstance changes might affect the child
- If the child has suffered harm, or is at risk of experiencing harm
- The background of the child, including sex, age, or any other characteristics relevant to the situation
- To what extent the parents are able to meet the child’s physical and emotional needs
- The range of powers available under the Children Act
Can grandparents apply for ‘custody’ or visitation rights?
Grandparents can apply for ‘custody’ in the form of a child arrangements order. However, it is important to note that grandparents are not automatically entitled to make an application (unless an exception applies), which means they will first need the permission of the court.
What is the process for modifying an existing ‘custody’ order?
To modify an existing ‘custody’ order (a child arrangements order), you will first have the opportunity to come to an agreement with the other parent. Failing this, an application to the courts will also be an alternative option.
Depending on how significant the proposed changes are, you may still be required to attend mediation to reach an agreement before you issue court proceedings.
Any changes you make, whether made voluntarily or via the courts, should be recorded in writing.
How does domestic violence affect ‘child custody’ decisions?
Domestic violence can have a substantial impact on the way ‘child custody’ decisions are made if the courts become involved. In every instance, the court’s primary consideration is to look after a child’s wellbeing and safety, which means that arrangements may be adjusted to account for this.
Anyone guilty of domestic violence is highly likely to have their ‘custody’ rights substantially restricted.
What do child ‘custody’ solicitors specialise in?
Family law solicitors specialising in child arrangements have expertise in all aspects of law concerning children following a relationship breakdown or divorce. Their specialisms include advising on Parental Responsibility, negotiating and drafting Parenting Plans, and applying for different types of court orders under the Children Act 1989, such as child arrangements orders (determining where a child lives and who they spend time with), prohibited steps orders (preventing a parent from taking a specific action like moving the child abroad), and specific issue orders (deciding a single, specific dispute, such as a child’s school or religious upbringing). Child arrangement solicitors are the professionals who handle these cases.
What to expect from a solicitor for child arrangements
When you first meet with a solicitor for child arrangements, you should expect them to listen to your situation and provide an early assessment of your legal options. They will explain the process, including the potential for mediation and, if necessary, court proceedings. The solicitor should also outline their fees, how they will communicate with you, and what documentation you need to provide. They will work with you to understand your priorities and help you develop a strategy that focuses on achieving the best possible outcome for your child. A good child arrangement solicitor will be empathetic and professional, guiding you through a difficult time with clear, straightforward advice.
For a free 30-minute initial chat with one of our child law solicitors, call Woolley & Co on 0800 321 3832 or complete our online form.
Should you use a child arrangement solicitor near you?
Using a solicitor near you can be convenient, but it’s not a strict requirement, as many law firms now offer services remotely. The most important factor is finding a solicitor with the right expertise and a good reputation in family law, particularly in child arrangements. You might also want to consider one who is a member of organisations like Resolution, a body of family justice professionals committed to a non-confrontational approach. Location can be a benefit for in-person meetings or if your case requires local knowledge of courts or other services, but it should not be the sole deciding factor.
What are the different types of child arrangements?
In England and Wales, the term ‘custody’ has been replaced by ‘child arrangements’ under the Children Act 1989. The most common arrangements are either informal agreements made between parents or formal orders issued by the court. These can be live with orders where a child lives primarily with one parent and spends time or has contact with the other; live with orders in respect of both parents, which are becoming more popular, where a child spends a significant amount of time with both parents. The court’s decision is always based on what is in the child’s best interests.
Can a child choose which parent to live with?
In UK law, there is no specific age at which a child can legally decide where they want to live. Instead, the court is guided by the child’s welfare and will take their wishes and feelings into account, considering their age and maturity. For older children, generally from around age 12, their views will be given more weight, especially if they show a good understanding of the situation. The court may ask for a report from a CAFCASS (Children and Family Court Advisory and Support Service) Family Court Adviser, who will speak with the child to understand their perspective, but the final decision remains with the court.
What happens if I can’t agree on child arrangements with the other parent?
If you and the other parent can’t agree, the first step is usually to try and resolve the dispute through mediation. A mediator is a neutral third party who helps parents work together to find a solution. If mediation is unsuccessful, or deemed unsuitable (for example, in cases of domestic abuse), you can apply to the court for a child arrangements order. The court will then decide on the arrangements for your child, with the primary consideration being their welfare. Child law solicitors often advise their clients on this process and can assist with the court application.
Is mediation a requirement before going to court for child arrangements?
In most cases, yes. Under UK law, a parent must attend a Mediation Information and Assessment Meeting (MIAM) with an accredited mediator before they can apply to the court for a child arrangements order. The purpose of the MIAM is to explore whether mediation is a suitable way to resolve the dispute without resorting to court proceedings. There are, however, exceptions to this requirement, most notably in cases involving domestic abuse or child protection concerns. The mediator will sign a form confirming attendance at the MIAM, which must be submitted with the court application.
How long does a child arrangement case typically take?
The duration of a child arrangement case varies widely depending on the circumstances. If parents can reach an agreement quickly through negotiation or mediation, the process could be finalised in a matter of weeks. However, if the case goes to court, it can take much longer. A simple, undisputed case might have a first hearing within a couple of months, while more complex cases involving multiple hearings, safeguarding concerns, or the need for a CAFCASS report can take six to twelve months or even longer to conclude. Child arrangement lawyers will always aim to resolve matters as swiftly as possible to minimise the impact on the child.
Talk to Woolley & Co’s ‘child custody’ solicitors
Take advantage of a free 30-minute telephone appointment to talk through your situation. We will explain your options and how our solicitors can help.
At Woolley & Co, we appreciate that matters related to your children can be incredibly emotional, and that you’ll want to secure a solution that’s best for them at all costs. Our ‘child custody’ lawyers always take a sensitive approach, tailoring our support to your preferences.
We also offer a detailed case assessment for £600+VAT, including time to discuss your case with an experienced lawyer and receive advice on the options open to you – you can find out more about this here.
For a free 30-minute initial chat with one of our ‘child custody’ solicitors, call Woolley & Co on 0800 321 3832 or complete our online form.