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Child Custody Lawyers Near You
If your relationship with your partner breaks down, resolving the arrangements for the children (formerly known as child custody) can be difficult.
We’re here to guide you in how to find solutions which minimise anxiety and stress for you and your child.
Our family law solicitors are experts in the law relating to children and have the knowledge and experience to assist you in getting the right arrangements in place for your children.
Our solicitors are recognised by both Chambers and Partners, regulated by the Solicitors Regulation Authority and listed in the Legal 500.
Our separation solicitors will handle your case sensitively as we understand this can be a challenging time for you and your family. Ensuring a smooth process leads to the right outcome for you and your family.
We’re well-versed in divorce proceedings and are thorough when filing paperwork and getting the information required to get the best outcome as soon as possible. Even in complex cases, we work with both parties to ensure there is no standing still.
We offer in-person, telephone and video calling. Meaning we can consult with you however you prefer.
We treat you as an individual and understand that your case is unique. We do not offer a one size fits all approach but work closely with you to reach the best possible outcome for you and your family.
“Anne was very supportive and professional throughout my interactions with her. She guided me through what was a very challenging period and I always had full confidence in our discussions and her advice.”
“I am very grateful for their patience, advice and conduct throughout the proceedings. A massive thank you goes to the whole team but special thanks to Stephanie Calthrop-Owen who manged the process with her trademark knowledge and expertise.”
“Anne McAlister was a life saver on my case. She helped me, not only with her expertise in law but also gave me emotional support when needed. I call her Super Anne because she is truly super in delivering her work.”
If you are a British Sign Language (BSL) user, you can use SignLive to contact our team, find out more here.
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The guidance and advice that we provide on arrangements for children can cover many things such as:
We can help you come to these agreements and put a child arrangement order in place to ensure these parameters are kept to by both parents.
Child maintenance covers how a child’s living costs are paid. This can either be agreed upon between the parents or can be determined through the government’s Child Maintenance Service.
In circumstances where the paying parent is a higher earner, there may also be scope to apply to the court for top-up maintenance.
We can work with you to help you come to an agreement on child maintenance payments.
If you are considering moving to another country with your child- or if your child’s other parent wishes to move abroad then the relocation must either be agreed by all parties with parental responsibility or the permission of the court is required.
We can advise on child re-location for the moving parent and the parent remaining in the UK
We also regularly assist parents with agreeing the arrangements for holidays abroad but if matters cannot be agreed then the court can grant permission for the trip if they believe that it is in the best interests of your child.
Parental responsibility is granted to mothers automatically and fathers also have automatic parental responsibility if they are married to the mother, or if their name is on the child’s birth certificate.
In broad terms, parental responsibility gives parents the right to be consulted on important decisions about the care and upbringing of their children such as
If you do not have parental responsibility we can help you try and agree on a Parental Responsibility Agreement with the other parent, or if this is not possible, apply to the court for a Parental Responsibility Order.
Previously referred to as child custody record with whom a child is to live, spend time with or otherwise have contact.
Often arrangements are agreed upon between parents in which case there may be no need to obtain an order, but if there is a disagreement then an application for a Child Arrangements Order can be made, and the court will assist in identifying the best arrangements for the child.
When deciding the arrangement for a child, the court’s paramount consideration is ensuring that the child’s best interests are met.
In the majority of cases, child maintenance is calculated using the statutory formula applied by Child Maintenance Service (“CMS”) however in certain circumstances, it may be appropriate for a parent with care of the child to seek additional financial support on top of the CMS maintenance.
Where the non-resident parent lives abroad or earns in excess of £156,000 per annum, the court can make orders for “top-up maintenance”.
Alternatively, there may be cases where it is reasonable for the non-resident parent to make capital provision to be used to secure a home for the child or to be used towards other expenses such as school fees.
Our family law specialists have significant experience in this area and would be happy to advise you further.
Here are some of the most frequently asked questions about arrangements for children we are asked.
Our expert team of family lawyers can assist you with any additional queries you may have.
Where child arrangements are agreed there is no need to involve the courts. You may wish to enter into a Parenting Agreement which sets out what has been agreed and this is something our family law solicitors can assist you with.
Grandparents do not have an automatic right to spend time with their grandchildren.
In some exceptional cases, the courts may grant a grandparent permission to make an application to spend time with their grandchildren and this is something that our team can advise on.
A better option for grandparents might be to use family mediation to achieve regular contact with a grandchild if this has been blocked by a parent during a separation and this is something that our family mediation team can offer.
There is always scope to review a Child Arrangements Order if it is no longer working well for the child.
If you cannot agree on the arrangements for your child, you can apply for a Child Arrangements Order and the court will make a decision on what is best for the child.
The court can make orders relating to where and with who a child lives, how often the child spends time with each parent and many other issues relating to the arrangements for the child.
Providing you have parental responsibility for your child, the fact that you were not married to the other parent does not make any difference in law.
If you do not have parental responsibility, we can help you to obtain it either by agreement or through an application for a parental responsibility order.
If both parents have parental responsibility then the rules are exactly the same.
For specialist advice for your specific circumstances give us a call today on 01737 854500.
The court application fee for applying for a Child Arrangements Order is £232.
Legal costs vary depending on the circumstances of your case. Speak to our team for more information.
Before going to court we recommend trying family mediation to come to an agreement.
If your name is on your child’s birth certificate you automatically have parental responsibility. This means that you should be consulted on:
Having parental responsibility will also allow you to make applications to spend time with your child or for your child to live with you.
If you do not have parental responsibility then there are steps that you can take to obtain this and our specialist lawyers would be happy to assist you.
If you and your former partner cannot agree on the arrangements for your child then you can make an application to court for a child arrangements order to determine where and with who the child will live.
The court will look at many factors when determining the best arrangements for a child.
Speak to one of our specialist family lawyers for more information.
If your child lives with their other parent then you will be required to pay child maintenance.
In broad terms, child maintenance is calculated based on your income and the number of nights that your child spends with you each year.
Your first action needs to be to contact the Child Maintenance Service. They will help you understand how much your partner owes and if they can help recover the payments.
