One of the most distressful aspects of divorce is the effects it has on your children, and we appreciate this is going to be your main cause of concern. At Child Law Partnership, we have extensive expertise in handling cases surrounding children and in representing parents in difficult custody disputes.

Sensitivity and discretion is required when handling the interests of children and we will provide you with emotional support and expert legal advice to help you establish financial, living and contact arrangements, ideally outside of the Court. The use of skilled negotiation techniques from our expert solicitors are often the key to a successful conclusion for all involved.

In rare circumstances urgent court action may be required and in these instances we will act with speed and decorum to ensure the best solution is reached. Our specialist solicitors are accredited members of the Law Society Children Panel, so you can be assured that your children’s best interests are at the heart of our work.

YOUR QUESTIONS ANSWERED

Q: My partner and I have already reached an agreement regarding the children – does this mean we do not need a solicitor?
A: We always encourage agreements to be reached outside court if possible. For a divorce or formal separation to be recognised, the Court will need to be informed of these arrangements and be satisfied they are acceptable. Child Law Partnership can advise you of what the Court will deem adequate and offer additional independent advice about possible solutions to suit your individual needs.

Q: Will we need to go through the Courts to finalise the arrangements for the children?
A: The Courts encourage child arrangements to be determined outside the Court whenever possible and will only get involved if there are concerns relating to the wellbeing or safety of the child, or if the parents cannot reach an agreement in advance.

Q: What will happen if we are unable to make a decision regarding the children?
A: If you are unable to come to an agreement, the Courts will always base their decisions around what’s best for the children. They will make a decision regarding who will be the child’s main carer and visiting rights for the parent not awarded custody. They can also make specific decisions regarding certain issues that cannot be agreed by the parents. This is called a Specific Issue Order. The Courts can also prevent certain scenarios from happening, such as the child moving away. This is called a Prohibited Steps Order.

Q: Who will have parental rights of the children?
A: Where parents are married to each other they share parental responsibility for their children. In the case of unmarried parents the father will only share parental responsibility if his details are entered on the child’s birth certificate. However an unmarried father can also obtain parental responsability alternatively by obtaining a court order or by entering into an agreement with the child’s mother.

Q: Can I take my child to live abroad?
A: Yes provided that you have the permission of the other parent if they share parental responsibility .Alternatively you may need to obtain a court order. Whether the court will give you permission will depend upon the particular circumstances of your case and you will need to obtain specialist advice. If you try to remove your child abroad without either consent or permission from the court you may be committing a criminal offence.