Child Custody Lawyers

Expert child custody lawyers

Securing the most suitable child custody arrangements after a separation can be distressing for everyone involved. We understand the welfare of any child caught up in a relationship breakdown or divorce needs protecting, and you will be seeking the best outcome for them.

At Osbornes Law, issues around child custody need careful and sensitive handling. Our expert child custody solicitors are specialists in helping parents carefully navigate the legal and practical implications of who a child should live with following separation.

Though the term ‘child custody’ is still commonly used, English law has evolved in the last few decades. Following legislative changes introduced by the Children and Families Act 2014, the formal term ‘child arrangements’ used is used by lawyers to refer to legal arrangements concerning children.

Children’s welfare paramount

Your children’s welfare must be paramount to any child custody decisions you make. This ‘welfare principle’ is the court’s key consideration if a judge has to make any child-related orders.

Once we have discussed your circumstances and wishes, we will advise you on the legal position. The factors to be considered under the Children Act 1989 are wide-ranging, from the age and sex of each child to their own wishes and feelings on matters. Older children may have their own interests and needs which must be accommodated. For example, we have experience in negotiating arrangements for gifted children whose training programmes and competitive schedules had to be taken into account.

Living arrangements for children

Living arrangements for children is a significant consideration when parents separate. Aside from the emotional aspects, the family home will often be one of the largest assets in the negotiation of a financial settlement after a divorce.

If you cannot agree amicably over the children’s living arrangements, we will advise you on family mediation and how best to prepare for this. If mediation does not lead to a resolution, we can advise and represent you during court proceedings. In most circumstances, it will be necessary for you to attend mediation before court proceedings can be issued.

The housing needs of the children are dealt with as part and parcel of the financial settlement on divorce. If the matrimonial home needs to be sold, it may be possible for the sale to be postponed until the children are adults.

We can advise you on your options and what will best suit your needs. If you are not married and are concerned about the housing needs of your children, we can advise you on a possible application under the Children Act for a housing fund.

Financial provision for children

If you and your partner have separated, whether or not you were married, there is an ongoing obligation to provide for your children.

Generally, in the UK, the parent who has custody of the children will receive monthly child maintenance payments towards their upkeep from the other parent. Our lawyers will be able to advise you on what amount of money is appropriate given your own family circumstances. This will consider income, how many children there are and how many overnight stays the children have with each parent.

We will always endeavour to reach an agreement with your former partner. However, if an agreement is not possible, you can apply to the Child Maintenance Services (CMS) which will only become involved if both parents reside in the UK. The CMS will calculate the money that needs to be paid, and if necessary, they may be able to recover payments directly from your former partner’s employer.

For paying parents, any income you receive over £3,000 gross per week will not be included in a CMS assessment. However, your former partner can take you to court for a top-up in maintenance or lump sum payments. The court is not restricted in what income or assets it can consider, including trust funds.

Who can apply for child custody?

Typically, a child’s biological parent will seek child custody by applying for a child arrangement order on divorce or separation. However, that is not always the case. Any party to the marriage and anyone the child has lived with for at least three years can also apply.

This allows step-parents and other family members to seek a child arrangement order. For example, grandparents may apply if they have played a significant role in the child’s life and feel their access is unfairly restricted.

What is the process for applying for child custody?

The first step is to try to agree child custody arrangements with the other parent. You must attend a Mediation Information and Assessment Meeting (MIAM) if you cannot do this. This is where you will meet with a mediator to discuss the possibility of resolving your differences amicably.

As with other aspects of divorce, mediation is usually a cheaper and quicker option than going to court.

Will there be a court hearing?

If mediation is unsuitable or does not work, you can apply to the court for a child arrangement order to resolve the child custody issues. The first step is to complete the relevant paperwork, which includes an application form and a statement of facts. You must also pay the court fee, which is currently £232. Child arrangement orders are legally binding, so if you have not consulted with a solicitor during your separation, this is the time to do so.

There will be several court hearings where a decision on the arrangements will be made. All parties to the proceedings must attend the hearings.

What will the court consider?

Each child arrangement order is decided on the circumstances of the individual family; there is no standard order in child custody cases. The child’s welfare is always the paramount consideration, and the court will make an order it believes is in the child’s best interests.

Beyond this guiding principle, the court may take into account:

• The wishes and feelings of the child (if the child is of an appropriate age)
• The child’s physical, emotional and educational needs
• The likely effect of any change in circumstances on the child
• The ability of each parent to meet the needs of the child
• Any risk that one parent may pose to the safety or welfare of the child by their behaviour

The court has overall discretion as to what order for child custody it will make.

How long does an order for child custody last?

A child arrangement order lasts until the child reaches the age of 16. However, the arrangements set out in this order can be changed with the help of a solicitor if both parents agree. If one parent wishes to vary the order, but the other does not, they will need to apply to the court for permission.

What happens if the order is breached?

If one party breaches the order setting out child custody and contact, it is possible to ask the court to enforce it. The court will schedule a preliminary hearing to determine why the order is not followed and decide what action to take. This may involve referring the parents to mediation or fining a parent who failed to comply without a reasonable excuse. A reasonable excuse could be that the child wasn’t well or transport problems prevented the parent from complying with the order. The Court will not make an Enforcement Order if the parent in breach can prove they had a reasonable excuse.

In very serious cases, the non-compliant parent may be imprisoned for contempt of court. Our advice to those in a dispute about child custody arrangements is:

• Tackle the issue as soon as possible, as child custody and child contact matters take time to resolve.
• Attempt to agree a plan between yourselves, but be wary if the other parent’s proposals fall far short of offering you reasonable time and if they take several days to reply.
• If you cannot agree, your solicitor can write to the other parent, asking them to agree child custody and contact
• If this fails, virtual mediation is worth considering; virtual and not face-to-face can take the heat out of the situation. Propose this through your solicitor and clarify when you need a response. Note that the court does not require you to attend mediation – the requirement is only to meet with a mediator on your own to find out about mediation and discuss whether that is a possible route for your case.

If this still does not resolve things, you must apply to the family courts to deal with the child custody and contact arrangements. If the matter concerns the summer holidays specifically, your solicitor can seek an urgent hearing, but the likelihood is that you could be waiting eight or more weeks.

How does an order work if one parent wants to move abroad?

In an international divorce, the court in the UK can issue orders setting out where the child will live and how they will maintain contact with both parents, even if they reside in different countries. But if one parent wishes to relocate abroad with the child, they must obtain either the other parent’s consent or permission from the court. Enforcement of orders around child custody in other countries may depend on the UK’s international agreements with the country in question.

How Osbornes can help you with child custody

Our family lawyers are known for their creative approach in the most challenging and complex child custody cases, including where allegations of domestic abuse have been made against a party. Frequently, the task of settling child custody arrangements involves important financial considerations, ‘blended’ and extended families and cross-border issues.

At Osbornes Law, we are experienced in negotiating child custody arrangements including after international divorce. We can help to ensure children continue to see both their parents and extended family members, and their financial needs are met.

The first thing to do is to contact us. One of our expert lawyers will take a history of your circumstances and discuss your desired outcome. They will then explain your options, likely timescales, and costs involved.

Our lawyers, all accredited members of Resolution, aim to maintain a civil relationship with your former partner. We also have several specialist solicitors who are accredited members of the Law Society’s Children Act panel and can support you through court proceedings if required. We will advise you on your rights and options. We will negotiate firmly on your behalf to obtain the best agreement regarding your children’s living arrangements, financial provision, and implications for the family home.

If you have a prenuptial or a post-nuptial agreement, we will need to see a copy of this document. If you are overseas or outside London, we have high-speed video conferencing facilities and a full online service to ensure you are kept up-to-date and fully appraised of your case and legal options.

Contact us

If you need specialist legal support with child custody matters, contact our specialist lawyers who can make urgent application to court for child arrangement orders if it becomes necessary.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811