Services

If you have decided to separate or divorce, there will be other decisions you may have to consider, such as the arrangements for your children.  In order to minimise the effect which divorce can have on your children, it is important that any decision made has their best interests at heart.

 

It is important that before you tell your children about any separation or divorce that you will need to decide who they will live with and the time they will spend between parents.  We would always advise parents to discuss these arrangements together in the hope that an agreement can be reached between you both.  However, we also understand that there are times when agreements cannot be reached due to the circumstances of each individual case, this is where our friendly team of expert lawyers can assist you and offer you support.

 

There are various ways of trying to resolve disputes regarding children and we would always recommend both parties attend mediation in the first instance.  Mediation is where both parties are guided to reach a solution to their dispute without the need for the court to intervene.  However, there maybe times where this is not possible due to safeguarding concerns, such as domestic violence, substance abuse, mental health issues or criminal activity.  In circumstances where there are safeguarding issues, the court can intervene and we can support you throughout this process in the most child-centred, cost effective and efficient way. 

 

There are various applications which a court can make such as a Child Arrangement Order to determine which parent a child should live with and how long a child spends with each parent.  If there are safeguarding concerns, the court can order a Prohibited Steps Order to prevent an action from taking place.  Alternatively, if there is a dispute regarding which school a child should attend or their religion, or changing a child’s name, the court can order a Specific Issue Order.

 

It is important to remember that providing there are no safeguarding issues, children have the right to be involved with all of their family including relatives.  There are times when other family members have had close bonds with a child and they are being denied access, such as a grandparent.  We recognise the close bonds and concerns family members have about how their relationship maybe affected, this is where our specialist family lawyers can offer advice in a child-focused and non-confrontational way.

 

There are other considerations about which you should be aware when considering discussing arrangements with children.  If you both have parental responsibility for your child, you have a legal obligation to obtain the written consent of all persons with parental responsibility, failing which you will need the permission from the court in a court order to travel with your child.

 

There maybe occasions when you wish to relocate, this maybe abroad or within the United Kingdom.  If you are intending to move abroad, you would need the written consent of all persons with parental responsibility or a court order.  Whilst you do not need the written consent to move within the United Kingdom, the arrangements should be agreed.