Being a parent doesn’t come with an instruction manual, and parents try to do their best, often in difficult situations. When parents go through separation or divorce, the challenges often involve coping with strong emotions at the same time as establishing a new pattern of co-parenting – whilst keeping the children’s best interests at the centre.
Despite challenges of communication and trust, many parents do make their own arrangements without going to Court, and the Court system encourages you to do so if you can, to avoid what can become an expensive and time-consuming process.
But what if you are unable to agree?
Our specialist children lawyers are experienced in helping clients to reach agreement about the arrangements for their children, talking them through their legal position and options, and combining a sympathetic ear with pragmatic advice.
Commonly, we deal with:
We encourage parents to consider their children’s own wishes and feelings (particularly where the children are older), and to develop a clear parenting plan, covering living arrangements, time spent with each parent, holidays, and special occasions, and emergencies or unforeseen circumstances; which can be kept, referred to and adjusted as the children grow.
Where necessary, we will help you to formalise arrangements through court orders to ensure clarity and enforceability.
Members of our Family Law team provide support from all our offices across Kent. We also have specialist children solicitors who provide additional expertise in particularly complex cases. These challenging circumstances may involve children with particular challenges and parents demonstrating extremes of behaviour, mental illness or narcissism.
We have a network of effective, trusted practitioners who we trust to have sensible conversations, provide sensitive and robust representation in court when needed, and expert reports on illness, potential for harm and ability to support children in their care. Our team’s experience enables them to give you an assessment of the likely costs and outcome of any course of action.
When couples separate, they must decide on arrangements for their children, including where the children will live, how often they will see both parents, and other essential matters. UK law emphasises that the child’s welfare is the court’s paramount consideration, guided by the Children Act 1989 and 2004.
Parents are encouraged to agree on arrangements voluntarily, which fosters cooperation and benefits the child’s well-being.
If disagreements arise, our range of non-court dispute resolutions for families can facilitate discussions and help craft workable solutions.
If an amicable resolution isn’t possible, we will support you through the court or arbitration process to secure a Child Arrangements Order.
A Child Arrangements Order specifies where your child lives (previously called a ‘residence order’) and the time they spend with each parent (previously called a ‘contact order’). Courts prioritise stability and your child’s best interests, considering factors such as your child’s age, emotional needs, and the capacity of each parent to meet those needs.
One of the most sensitive issues in child arrangements is relocation or removal, especially when a parent wishes to move to a different area, possibly abroad. These situations can significantly impact a child’s relationship with the non-residential parent and require careful legal consideration.
These moves require particularly careful legal planning because they can disrupt your existing arrangements and impact your child’s welfare.
In the UK, if one parent wishes to relocate with their child, they generally need the consent of the other parent or a court order. Without agreement, the parent seeking to move must apply to the court for permission, demonstrating that the move is in their child’s best interests.
The court considers several factors, including:
The potential benefits and disadvantages of the relocation.
Our family lawyers are experienced at helping parents resolve relocation disagreements. Whether you are a parent wishing to relocate with your child, or a parent challenging a request to relocate, it is usually in the child’s best interest for us to encourage open communication with the other parent where possible, to help reach an early agreement.
Where needed we will also help you through our Family Mediation service and other non-court dispute resolution options.
Court Application: If necessary, we can prepare to apply for a court order, outlining reasons and proposed arrangements.
