Child custody & support during divorce

If you are divorcing or separating and you have children, you will want to ensure the minimum disruption to their lives. Nevertheless, as parents there are many issues you will need to resolve, such as which parent your child will live with and how often they will see their other parent. Other issues might arise which you cannot agree on about your child and how they are brought up. Our child law solicitors are well placed to provide the advice and support you need to manage these difficult and sensitive issues.

If you and your partner find it difficult to agree on issues related to your children, there are various ways to seek to resolve the dispute.  Mediation – we can help you set this up with trusted, experienced children mediators.  Hybrid mediation may be helpful where your lawyer supports you in the mediation with the legal issues which arise.  There are other ways of resolving disputes such as meetings between lawyers, negotiation, collaboration, arbitration and the family Court system.  We can help you make the right choice for you.  

If necessary, you can ask a court to decide where your child should live or how much time they spend with their other parent by seeking what is now called a Child Arrangement Order (you may have heard terms such as custody, residence or contact).

The courts can also help to determine a specific issue, such as where your child should attend school and what their surname should be, or it can prohibit a parent from taking a particular step, such as removing your child to another country. See our blog on 'What is a prohibited steps order'

Court proceedings of this sort generally involve a child’s parents but may also involve a grandparent (see our blog on 'Grandparents rights to contact with their grandchildren') or the child themselves. On occasions it may be necessary for your child’s own interests to be separately voiced through a Children’s Guardian (CAFCASS). See our blog 'what is a Guardian and why are they involved in proceedings concerning children?'

In all cases, if you and your partner decide your relationship is over and require the court’s intervention, its primary consideration will be the welfare of your children and any orders made will be for the best interest of the child.

What factors are taken into consideration by the court?

• The wishes and feeling of your child, taking into account their age and understanding of the situation
• Your child’s physical, emotional and educational needs
• The likely effect on your child of any change in their home and wider family life
• Your child’s age, gender, background and characteristics that the court considers relevant
• Any harm that your child has suffered in the past or is at risk of suffering
• How capable you and your partner or any other relevant person (such as a grandparent) are of meeting your child’s needs

Sometimes the local authority (Social Services) may become involved if there are concerns that a child is, or may become, at risk, under child protection laws. 

How we can help you

We can provide the legal advice and support you need to find the right solutions and protect your child’s long-term interests. Our children lawyers can offer advice on:

• Child arrangement orders
• Contact disputes
• Parental responsibility
• Parental alienation
• Children’s hearings 
• Adoption
• Emergency orders - where needed we can act urgently if the cased demands it, for example if your child has not been returned to you.
• Child care proceedings and Social Services
• Relocation and Child abduction

Our experience

Our child law solicitors are experienced in representing children, parents or grandparents. We build an experienced legal team to represent you throughout your case.