Where possible, it’s better to maintain a good working relationship with your former partner for the benefit of your children. That’s obviously easier to do if you are able to see and speak to each other about any issues that arise regarding your children’s upbringing.
We understand that the period following the breakdown of a relationship can be difficult. Where you are finding it hard to communicate with your former partner, a process such as mediation can help you negotiate the future arrangements for your children.
Mediation works by an impartial third party (a mediator) working with you both to help you come to an agreement. Many couples find that this process helps create the basis for a civil working relationship going forward. Our specialist solicitors can support you through the mediation process, helping you to communicate with your former partner in a productive way.
In some cases we know that you may not wish to see your former partner for a more serious reason – such as if you have suffered from domestic violence, or you fear physical or emotional abuse either to yourself or your children. In these instances it may be possible to go through the divorce process without seeing your former partner, and also to present a case for them not to see your children if they pose a danger to them.
We have an experienced team of lawyers, who take a caring but no nonsense approach to agreeing arrangements for children. We’ll advise you of your options and whether you are likely to have to see or speak to your former partner. Where you’re worried about seeing your former partner either in mediation or in court, our solicitors will be there to support you and ensure that you and your children’s interests are protected.
For advice on your case, please call us on 0370 1500 100 or get in touch online and we’ll get back to you as soon as we can.
If you can’t agree the arrangements for your children with your former partner – either between yourselves or through mediation – then the court will need to decide for you.
The court's main priority when deciding child arrangements is the wellbeing of your children. In most cases, they view children having regular contact with both parents as being best for their wellbeing. The court will also view contact with the child’s extended family (for instance grandparents) as important to their upbringing.
When deciding the details of a child arrangements order, the court must take into account all of the factors listed in the welfare checklist in Section 2.1 of the Children Act. These include:
- The child’s wishes and feelings (these are not necessarily a deciding factor)
- The parent’s ability to meet the child’s needs
- Any harm or risk of harm to the child
- The child’s age, sex and background
- The likely effects of any change to the child’s care arrangements
- The child’s physical, emotional and educational needs
Although the court’s decision will be legally binding, you can apply to the court to change the terms of the order in the future (if your circumstances change for instance).
We have decades of experience as one of the UK's leading family law teams, dealing with many complex separation and child arrangement cases. Call us today on 0370 1500 100, or contact us online and we’ll get back to you as soon as we can.
If you are unmarried and have parental responsibility, then you have the same rights as any married parent.
For same sex couples the legal situation is a little more complicated. There have been a number of changes to the law in recent years and child arrangements can depend on how the child was conceived or came into the family.
If you’re in a same sex relationship and are worried about your parental rights, it’s best to seek advice from a family law specialist before taking any action. Call us on 0370 1500 100 or contact us online and we’ll get back to you as soon as possible.
Legal aid is no longer available to help parents in private disputes over child arrangements, except in certain circumstances, such as certain cases of domestic violence. Unfortunately we can’t accept legal aid cases, but if we believe that your circumstances might entitle you to receive legal aid, we will refer you to a firm that can help you. You may also be able to find a suitable firm on the government’s website.
You may have to go to court if you can’t come to an agreement with your partner, but you are both required to try and reach an agreement over the arrangements for your children's care and financial arrangements before taking the case to court.
We can help you and your partner try to reach an agreement, if necessary with the use of our trained mediators, who can help you and your partner discuss your situation in a transparent and constructive way. We can also provide you with access to family therapists and counselling services for extra support.
Out-of-court agreements are typically cheaper and quicker than going to court, which can make them less stressful for all involved - an important consideration where children are concerned.
If none of the out-of-court processes work, we will ensure you have the best legal representation in court. Our solicitors will be open and honest about the likely outcome, and will fight to protect your best interests. We will ensure you are well prepared for any appearances, and will be at your side throughout.
As one of the UK's leading family law firms, our solicitors have dealt with many different types of cases, so no matter how complicated your situation is, we can offer you clear advice that comes from years of experience.
For advice or a consultation on your case, call us 0370 1500 100 or contact us online and we’ll get back to you as soon as possible.
