Parents searching for ‘child custody solicitors UK’ are usually dealing with one of a small number of situations, such as a separation where arrangements for the children cannot be agreed, an existing arrangement that has broken down, or a proposal by one parent to move away with the children.
Whichever applies to you, the starting point is to understand which legal system governs your case, what the law expects of you before the court becomes involved, and how child custody solicitors can help.
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Is The Law On Children The Same Across The UK?
The United Kingdom contains three separate legal jurisdictions, and children law differs between them.
In England and Wales, disputes about children are governed principally by the Children Act 1989. Courts make child arrangements orders dealing with whom a child lives with and spends time with, together with specific issue orders and prohibited steps orders for particular questions, such as schooling or taking a child abroad.
Scotland operates its own regime, governed by the Children (Scotland) Act 1995, which has its own terminology and rules on parental rights and responsibilities. In Northern Ireland, the Children (Northern Ireland) Order 1995 applies, which broadly mirrors the English framework but is a distinct system with its own courts.
Which jurisdiction deals with your case generally depends on where the child is habitually resident, not on where either parent lives. A solicitor can only advise on the law of the jurisdiction in which they are qualified. Johnson Astills specialises in the law of England and Wales, and the remainder of this article relates to that jurisdiction.
What Must You Do Before Going To Court?
Courts in England and Wales expect parents to make genuine attempts to resolve disagreements without recourse to litigation. In most cases, a parent wishing to apply to court must first attend a mediation information and assessment meeting, known as a MIAM, at which an accredited mediator assesses whether the case is suitable for mediation. There are certain exemptions to this general requirement, most importantly where there is evidence of domestic abuse.
Mediation is not the only method through which disputes relating to children can be resolved. Solicitors regularly resolve children disputes through structured correspondence and round-table negotiation, and agreements reached this way can be recorded in a parenting plan or, where appropriate, submitted to the court as a consent order. Arbitration is also available in suitable cases, allowing parents to obtain a binding decision from a specialist arbitrator without a court’s involvement.
This does not mean that you must persist with negotiation where it is futile or unsafe. Where a child is at risk of harm, where the other parent refuses to engage with alternative dispute resolution, or where there is a genuine fear of abduction, an urgent application to the court may be the appropriate first step. Your solicitor will advise you if that is the position in your case.
What Happens If A Court Application Becomes Necessary?
An application for a child arrangements order is made to the family court on form C100. Cafcass then carries out safeguarding enquiries, contacting both parents and checking police and local authority records, and provides a short letter to the court before the first hearing.
The first hearing dispute resolution appointment is designed to identify what is genuinely in dispute and to explore agreement. If matters remain contested, the court will give directions, which may include witness statements, a welfare report from Cafcass under section 7 of the Children Act 1989, and in cases involving allegations of abuse, a separate fact-finding process. A dispute resolution appointment usually follows, and if agreement still cannot be reached, the case proceeds to a final hearing, at which the court hears evidence from both parties and makes whatever order it considers best serves the child’s welfare.
Timescales vary with the issues involved and the workload of the local court. A straightforward case may conclude within a few months, while a case requiring expert evidence or a fact-finding hearing can take a year or longer. This is one reason why a negotiated outcome, where it is safe and achievable, will generally serve both the children and parents better than contested proceedings.
How Can Johnson Astills Help?
Johnson Astills is a Legal 500 ranked firm with offices in Leicester and Loughborough. We act for parents and extended family members in all types of children matters, ranging from agreed parenting plans to contested final hearings, urgent applications, and cases with an international dimension.
Our family team includes members of Resolution, the national association of family law professionals committed to resolving family law issues in a constructive way. We view litigation as a last resort, and strive to settle family law cases as quickly, amicably, and cost-effectively as possible.
If you would like advice on arrangements for your children, complete the enquiry form at www.johnsonastills.com with a brief outline of your circumstances, and a member of the family team will respond as soon 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.
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