When parents separate, few questions matter more than where the children will live and how they will keep a relationship with each parent. Many people search for a ‘child custody solicitor’ when they are facing these decisions, although the word custody is no longer used. This article explains the terms the courts use today, how arrangements for children are decided, and how a solicitor can help you reach a workable outcome with as little conflict as possible.
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.
“I cannot fault my experience with Johnson Astills Solicitors. Throughout this difficult time I was made to feel secure, supported and validated – money can’t actually buy these things.”
What Does A Child Custody Solicitor Do?
Our role is to help you sort out arrangements for your children after a separation, whether by agreement or, where necessary, through the court. We will explain your options, advise on what is realistic, help you communicate constructively with the other parent, and represent you if a court application becomes necessary. Our aim throughout is to put in place stable arrangements that work for the children and that both parents can live with.
Is Custody Still The Correct Term?
The terms ‘custody’ and ‘access’ were replaced many years ago. The law now deals with these issues through what is called a ‘child arrangements order’, which sets out who a child will live with and who they are to spend time with. You may still hear the older language used in conversation, and many people search for it, but the legal framework is built around child arrangements rather than custody. The change is more than a matter of words, because the modern approach is centred on the practical arrangements that serve the child rather than on the idea of one parent winning control.
What Does A Child Arrangements Order Cover?
A child arrangements order addresses who a child lives with, and who they spend time or otherwise have contact with. It can provide for a child to live with one parent and spend time with the other, or for the child to divide their time between both homes, depending on what suits the child.
The order can also set out the details of how contact takes place, including arrangements for weekends, school holidays, and special occasions, and it can address indirect contact, such as telephone or video calls, where that is appropriate.
Child arrangements orders are separate from the question of parental responsibility, which is the legal authority a parent has to make important decisions about a child’s upbringing. Most parents hold parental responsibility regardless of the arrangements for where the child lives, and an order about living arrangements does not, by itself, take that away from the other parent. Keeping these two issues distinct often helps parents focus on the practical questions rather than feeling that the whole of their role as a parent is at stake.
How Does A Child Arrangements Solicitor Help You Reach An Agreement?
Most arrangements for children are settled without a contested court hearing, and a child arrangement solicitor will usually encourage that wherever it is safe and appropriate. We can help you negotiate directly, set out proposals in correspondence, or support you through family mediation. Where agreement is reached, the terms can be recorded in a court order so that both parents are clear about what has been agreed. Reaching a sensible arrangement by consent is almost always better for the children, quicker and less expensive than litigation, and it leaves the parents in control of the outcome rather than handing the decision to a judge.
What Does The Court Take Into Account?
If a decision has to be made by the court, the welfare of the child is the court’s paramount consideration. The court weighs a range of factors, including the child’s own wishes and feelings considered in light of their age and understanding, their physical and emotional needs, the likely effect of any change, and any risk of harm. The court also works on the basis that, as a general rule, a child benefits from the involvement of both parents, provided that involvement is safe.
Do You Have To Go To Court?
In most cases, parents are able to reach an agreement about child arrangements without going to court. Before making an application about arrangements for children, you are usually expected to attend a meeting to find out about mediation and whether it could help, unless an exemption applies, for example, where there has been domestic abuse. Court should always be a last resort, used where agreement genuinely cannot be reached or where there are concerns about a child’s safety. Where litigation is necessary, we will guide you through the process and represent your interests at each stage.
Who Can Apply For A Child Arrangements Order?
Parents can apply, as can certain others, such as guardians and, in some circumstances, grandparents or other relatives, although some applicants need the court’s permission first. Whoever applies, the focus of the court remains the welfare of the child rather than the wishes of the adults involved.
How Can Johnson Astills Help?
The family team at Johnson Astills advises parents across England and Wales on arrangements for their children, from reaching agreement through negotiation and mediation to representing clients in court where that becomes necessary. We understand how difficult these situations are, and we focus on practical, child-centred outcomes. To speak to a member of the team, call us free on 0800 059 0600 or complete a Free Online Enquiry.
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.
‘Having had experience of your organisation, my confidence in you grew. I would have no hesitation in asking you for any necessary representation in the future. Relatives and friends have already been told of my satisfaction. Thank you and well done’
