Children

The arrangements for your children can be one of the most difficult issues to tackle following a separation. Your children are your priority and so when a relationship breaks down, discussing where they will live and the time they will spend with the other parent can be difficult. You may want the children to remain living with you, you may wish to spend more time with the children or you may seek a shared care arrangement.

You might disagree on other important issues, such as where your child will go to school or other matters relating to their health or education. You may have concerns relating to abuse, parental alienation or relocating with a child.

Our experienced family lawyers help parents in all types of situations. We will provide constructive, compassionate and child-focussed advice to try to help you reach agreements. If you are unable to do so, they will advise you as to alternative options, to include mediation, collaborative law, or applying for a court order in relation to the children.

Where will the children live after a divorce/dissolution or separation?

There is no automatic rule as to what the arrangements for children should be. This will depend on what is in the children’s best interests, alongside other practical factors. It is important to consider what is best for the children. Is what you are proposing going to work for the children?

If agreement cannot be reached directly, would mediation or a collaborative discussion help? If the children are older, would it help for them to speak to a mediator to give their views? If agreement cannot be reached and a court application is necessary, the court will make the final decision as to what arrangements are in the best interests of the children.

What are Child Arrangements Orders?

If you are unable to resolve matters by agreement, it may be necessary to apply to the family court for an order. The term ‘custody’ is no longer used, and instead a court can be asked to make a Child Arrangements Order setting out where a child will live and spend time. Alternatively, a specific issue order may be needed, dealing with a particular dispute about the child (what school they will go to, whether a parent should be able to relocate with them) or a prohibited steps order might be necessary in some circumstances to prevent a parent from taking certain actions in relation to a child.

Our family lawyers will be able to discuss any concerns about the safety or wellbeing of the children. It is important that any safeguarding concerns are dealt with promptly and properly, and so it is sensible to take advice as early as possible.

Our family lawyers will encourage and assist you in trying to resolve any issues regarding a child by agreement, however we will also be able to advise you if an application to court is required and act on your behalf. Alternatively, if you receive paperwork indicating that a court application has been made by the other parent, they can advise you about how to respond to this.

I want to change my child’s school, but my ex-partner does not agree. What should I do?

Assuming you both have parental responsibility for the child, neither of you should be making decisions about their education without the other’s consent. You should think about why the school should be changed and why it is best for the child. If it is not possible to reach an agreement based on what is best for the child as you may have different views on that, you might want to suggest mediation or it is open to either parent to ask the court to make a decision.

I want to take my child on holiday abroad but my ex-partner does not. What can I do?

You cannot take a child under 16 outside of England & Wales unless you have the consent of every other person with parental responsibility for them. If you chose to do so without consent you could be accused of child abduction. It is sensible to raise your plans with the other parent as early as possible, provide details of where the children will be going and when and ask them to confirm in writing that they agree. It is difficult to successfully withhold consent, unless the parent doing so can show the proposed trip is a risk of harm to the children. If you cannot agree on whether a trip should be taken, you can apply to the court for permission. The court will consider whether the trip is in the best interests of the child.

Can I move elsewhere in the UK or abroad with my child if they are living with me?

This is often an incredibly difficult and contentious situation given the potential impact that permitting or preventing a relocation has on both parents. Unless the other parent consents, permission is required from the court to relocate abroad with a child. If you wish to relocate with a child within England and Wales, whilst you do not need consent from the other parent, they can apply to prevent you from doing so, and so it is good practice to consider applying for permission. The court must perform a balancing act between a series of complex factors, taking into account a broad range of relevant circumstances, before reaching a decision as to whether to give permission.

If you wish to consider relocating with a child, planning and preparation is essential and advice should be taken as early as possible. Similarly, if you wish to stop your child from moving away, it is sensible to seek advice as soon as you become aware of the other parent’s intentions.

Is it only parents who can apply for orders in relation to children?

In some circumstances, it is possible for other individuals to apply for orders in relation to children. For example, step-parents or grandparents may wish to take advice about their rights, or you may wish to consider adoption or a Special Guardianship order. Our team of family lawyers are able to provide expert advice in respect of all types of applications concerning children.

Can I make a financial claim for my child?

Under Schedule 1 of the Children Act 1989, family courts have the power to make financial provision for children. A claim is usually made by the parent who the child is living with (or a guardian, special guardian, or person with whom the child lives), for additional financial support from the other parent. It is most commonly used in circumstances where parents have not been married.

A Schedule 1 claim only relates to the financial needs of the child and, generally, any provision will only last until the child is 18. Orders can be made for periodical payments (maintenance), lump sums and settlement/transfer of property. Our family lawyers will listen to your unique circumstances and provide clear and considered advice as to any Schedule 1 claim.

Family-related legal issues can often be emotionally challenging and complex. Our team are experts in dealing with these matters and are here to guide and support you every step of the way. Our family and divorce lawyers help client across Kent, London and the South East. We advise on a full range of family legal services, from divorce/dissolution and related financial settlements to the arrangements for children and associated children matters. We also advise unmarried couples on the breakdown of their relationships.

We have particularly extensive experience in supporting high net worth individuals, dealing with matters involving complex asset structures and international elements. We help clients put in place nuptial or living together agreements, and advise on steps that need to be taken to protect our clients in need of or responding to injunctions.

Our team of family lawyers are legal professionals who are renowned for offering practical, clear and common sense advice and for providing compassion, empathy and a steadying hand in even the most unusual and complex of circumstances.

Our expert family and divorce lawyers in Kent are leaders in their field and our Family department is regularly recognised in rankings such as The Times’ ‘Top Law Firms’, Spear’s 500 Family Law Index and ePrivate Client’s Top Family Law Firms. We are also ranked as Band One in the Chambers legal directory and as Top Tier in the Legal 500.