Children & Divorce | Child Custody & Support

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. 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, you may wish to involve the court. 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.

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.

Court proceedings of this sort generally involve a child’s parents but may also involve a grandparent or the child themselves.

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 child custody lawyers can offer advice on: