What Happens If We Never Married Or Were In A Civil Partnership?
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.
Why Choose Irwin Mitchell?
We are recognised as one of the UK's leading family law teams by independent legal guides Chambers & Partners and The Legal 500, following decades of experience in dealing with complex cases of divorce, separation and child arrangements. We have dealt with many cases of high-net-worth individuals, as well as ones with an international element. In certain cases our legal teams have successful challenged and changed the law relating to family issues.
We take a no-nonsense approach when it comes to sorting out child arrangements. We are known for robustly applying the law and will always be honest with you about your case and your prospects, and we are often hired by clients who have received bad advice elsewhere.
For an open and honest discussion about your case, give our team a call on 0370 1500 100 or contact us online and we’ll get back to you as soon as we can.
How Does The Court Decide Child Arrangements?
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.
Will I Have To Go To Court?
You do not have to go to court when deciding the arrangements for your children – you do not even need to get a legally recognised agreement in place if you have agreed things amicably, between yourselves.
However, it can be helpful to get your agreement written down in case things change between you and your former partner in the future. You might decide also to get your agreement approved by the court in a child arrangements order, so it becomes legally binding.
Even if you can’t agree between yourselves, you may be able to reach an agreement about child arrangements using an out of court process such as mediation. This involves using an impartial third party (a mediator) to help you and your former partner discuss the issues between you, and help you negotiate.
The court will usually expect that you’ll have tried to negotiate between yourselves (and to have considered a process such as mediation) before it will hear your case. If you can’t settle your dispute out of court, then you will have to go through the court process where a judge will decide your case for you.
Our specialist lawyers are experienced in child arrangements and can provide expert advice and support throughout the process. For a consultation about your case, call us on 0370 1500 100 or contact us online and we’ll get back to you as soon as possible.
Will I Need To See My Former Partner?
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.
Do You Accept Legal Aid Cases?
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 .
