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Child Custody Solicitors

When facing a separation or divorce, few things are as important as ensuring the well-being of your children.

This can be a complex and emotional process, which is why our dedicated team of expert custody solicitors are on hand to provide you with the expert legal support you need to protect your children's best interests, securing a stable future for your family.

Whether you're seeking to establish initial custody orders, modify existing arrangements, or navigate complex disputes, our expert child custody lawyers offer comprehensive legal support tailored to your situation.

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Understanding Child Custody

Child custody refers to the legal rights and responsibilities of parents regarding their children after a separation or divorce.

The term 'custody' is no longer used by the court, and instead, courts grant a Child Arrangements Order, governing where a child lives and spends time. It encompasses various aspects, including:

  • Parental Responsibility: The right to make important decisions about your child's upbringing, such as education, healthcare, and religious upbringing.
  • Lives With Order: Where the child lives primarily. This can be with one parent (sole physical custody) or both parents (joint physical custody).
  • Contact Order: The time a child spends with the non-resident parent. This includes both overnight stays and daytime visits. Access, often used interchangeably with contact, refers to the legal right of a non-resident parent to spend time with their child.

When a court considers arrangements for children, it will always put the children's welfare first.

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How Our Child Custody Lawyers Can Help

Some issues you may need to resolve include:

  • Where children should live
  • When children should see each parent
  • Financial arrangements that mean both of you are contributing to the cost of bringing up your children in a fair way
  • A potential change of the children's names and what school they go to

Understandably, these issues can be emotionally taxing and legally complex.

That's where our experienced family custody lawyers come in. Our experts can provide invaluable assistance in all aspects of child custody matters, including:

  • Initial Consultation: We'll listen to your concerns, assess your situation, and provide you with a clear understanding of your legal options.
  • Negotiating Custody Agreements: We'll work with you to develop a comprehensive parenting plan that addresses all aspects of child custody.
  • Mediation: We'll guide you through the mediation process, helping you reach mutually agreeable solutions with the other parent.
  • Court Representation: If court proceedings are necessary, we'll provide skilled and assertive representation in court, protecting your rights and advocating for your children's best interests.
  • Modification of Custody Orders: If your circumstances change, we can help you modify existing custody orders to reflect your current needs and the best interests of your children.

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How Do Courts Decide Who Gets Custody of a Child?

When considering arrangements for children, family court judges refer to the following welfare checklist:

  • The wishes and feelings of the child, considering their age, level of understanding and maturity. 
  • The child's physical, emotional and educational needs.
  • The likely effect that any change of circumstances will have on the child.
  • The child's age, sex, background and any other characteristics that the court thinks are relevant.
  • Any harm that the child has suffered or is at risk of suffering.
  • How capable are the parties in the case of meeting the child’s emotional and physical needs?
  • All the powers that the court has under the Children Act could be used within the proceedings.

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Child Custody FAQs

Can a child decide which parent they want to live with?

Depending on age and maturity, the court will consider the child's wishes. However, the final decision rests with the court, which will prioritize the child's best interests.

What if my partner and I are not married?

Unmarried parents have the same rights as married parents when it comes to child custody.

Can child arrangements orders be changed if I don't agree with them?

Child Arrangements Orders can be challenged in some circumstances, depending on your circumstances and the nature of your disagreement.

Does either parent have precedence when deciding custody?

No parent has automatic precedence over another when a court is making a Child Arrangement Order.

Many people believe that mothers are favoured by courts in matters relating to children, but this is often based on the way families traditionally operated in the past, where a mother was more often responsible for the home and raising the children.

This is now an outdated concept and not seen as reflective of modern families.

How To Solve Disagreements Over Children For Separated Couples

Testimonials

Meet Our Family Solicitors

Home-grown or recruited from national, regional or City firms. Our family lawyers are experts in their fields and respected by their peers.

Jane T final

Jane Tenquist

Jane is a Partner and Head of the Family Law Team

Nichola final

Nichola Bright

Nichola is a Partner in our Family Law Team

Sarah W

Sarah Whitelegge

Sarah is a Senior Associate in our Family Law Team

Grace

Grace Parry

Grace is an Associate in our Family Law Team

Meet the team Placeholder 1 v2

Joe Ferguson

Joe is an Associate in our Family Team.

Pam

Pam Ackerley

Pam is a Senior Legal PA in our Family Law Team

Katie Barlett v2

Katie Bartley

Katie is a Trainee Solicitor in our Family Team.

Contact Our Child Law Solicitors

You can contact a member of our team using the contact form below or by phoning us on

0161 941 4000