If you are separating from your child’s other parent and cannot agree on where your child will live or how often they will see each of you, you may be looking for a child custody lawyer.
It is a term most parents use, and it is understood by every family solicitor, but it is worth knowing that ‘custody’ is no longer the language used by the courts in England and Wales. Understanding the modern framework will help you know what to ask for, what a lawyer can realistically achieve, and how the process works.
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Why Is Custody No Longer The Legal Term?
The concepts of ‘custody’ and ‘access’ were removed from the law by the Children Act 1989, which replaced them with residence and contact orders. In April 2014, those orders were themselves replaced by a single order known as a child arrangements order, introduced by the Children and Families Act 2014. That remains the position today.
The current law focuses on the practical arrangements for a child, namely with whom they live, with whom they spend time, and when. A lawyer advising on these disputes today is therefore advising on child arrangements, even if clients still use the older word.
What Does A Child Custody Lawyer Do?
A specialist child custody lawyer advises on and manages disputes between parents, and sometimes wider family members, about the care of children. Our work typically includes advising you on the strength of your position, negotiating directly with the other parent’s solicitor, using mediation where appropriate, preparing court applications and witness statements, and representing you at hearings.
How Do The Courts Decide Disputes About Children?
The court’s approach is governed by the Children Act 1989. The child’s welfare is the paramount consideration, which means it outweighs the wishes, convenience, and grievances of both parents.
When deciding what arrangements to order, the court works through the statutory welfare checklist, which includes the wishes and feelings of the child in light of their age and understanding, the child’s physical, emotional, and educational needs, the likely effect of any change in circumstances, any harm the child has suffered or is at risk of suffering, and how capable each parent is of meeting the child’s needs. As a general rule, the law presumes that the involvement of both parents in a child’s life is in the child’s best interests, unless the contrary is shown.
What Is The Family Court Child Arrangements Process?
Where negotiation and alternative dispute resolution methods do not resolve matters, either parent can apply to the court for a child arrangements order. Applications of this kind are dealt with through the family court child arrangements process, which begins with safeguarding checks carried out by Cafcass, the Children and Family Court Advisory and Support Service, followed by a first hearing at which the court will attempt to narrow the issues and encourage agreement. Many cases settle at or shortly after this stage. Those that do not may require further evidence, a welfare report, and ultimately a contested final hearing.
Court proceedings should generally be treated as the last resort rather than the first step. Judges expect parents to have made genuine efforts to resolve matters out of court, and in most cases the parties must attend a mediation information and assessment meeting before issuing an application, unless an exemption applies.
When Should You Instruct A Lawyer?
Early legal support is almost always worthwhile, even if you hope to settle matters amicably. A single appointment can clarify your legal position, identify realistic outcomes, and help you approach discussions with the other parent constructively. Instructing a child custody lawyer becomes more pressing where communication has broken down, where one parent is preventing the child from seeing the other, where there are allegations of domestic abuse or safeguarding concerns, where a parent is proposing to relocate with the child, or where court proceedings have already been issued.
It is a common misconception that instructing a solicitor inflames a dispute. In practice, solicitors who are members of Resolution, the national body of family justice professionals, are committed to resolving family cases in a constructive, non-confrontational way.
How Can Johnson Astills Help?
The family team at Johnson Astills advises parents, grandparents, and other family members across Leicester, Loughborough and the surrounding areas on all disputes concerning children. We are members of Resolution, ranked in the Legal 500, and experienced in everything from negotiated parenting agreements to fully contested final hearings, including cases involving domestic abuse and international elements, such as child abduction.
If you would like to discuss arrangements for your children with a specialist family lawyer contact us to speak to a member of the family team. We will listen to your circumstances, explain your options clearly, and guide and support you from the initial meeting to the final resolution.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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