Child Custody Solicitors

If you and your partner decide to divorce, the issue of who has custody of your children can be a difficult one to resolve. Our expert child custody solicitors can help you reach an agreement as quickly as possible, minimising stress and uncertainty for your children.

Issues you and your partner may have to resolve include:

Where children should live
When children should see you and your ex-partner, and when they should stay with each of you
Financial arrangements that mean both of you are contributing to the cost of bringing up your children in a fair way
A potential change of the children's names and what school they go to

Our child custody lawyers can work with you and your partner on a collaborative divorce, or through mediation services, to help you both come to an agreement about where your children should live and spend time.

The law requires that you and your partner try to decide child residency issues yourselves before a case goes to court. If you can’t agree, we can help you through the court process where a judge will decide on custody issues.

The term 'custody' is no longer used by the court, and instead courts grant a Child Arrangements Order, governing where a child lives and spends time. The courts now try to ensure that both parents have a say in the care and upbringing of their children, where it is appropriate.

We understand that this is a highly emotive subject, and that it can cause tensions between separating couples. With years of experience in child custody cases as one of the UK's leading family law teams, we'll make sure that your wishes and concerns are fully considered at every stage of the process.

To talk to us about the various child custody services we offer, please contact us for a consultation with one of our team. You can call us on 0345 604 4911, or you can contact us online and we’ll get back to you as soon as possible.

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Ros Bever National Head of Family Law Meet the team

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"Ros Bever is an excellent lawyer who is passionate about getting things right."

Chambers & Partners, 2019

Frequently Asked Questions

Does Either Parent Have Precedence When Deciding Custody?

No parent has automatic precedence over another when a court is making a Child Arrangements Order.

Many people believe that women are favoured by courts in matters relating to children, but this is often based on the way families traditionally operated in the past, where a father was seen as the breadwinner and the mother was responsible for the home and raising the children. This is now very old-fashioned, and not seen as reflective of modern families.

Courts now strive to ensure that both parents – and this also applies to same-sex couples – have a say in the raising of their children after a divorce.

You or your ex-partner may get residency of the children, meaning that they live with you most of the time, but the court will usually ensure that the other parent has regular access and a say in their upbringing.

Sometimes, the court may decide that residency should be split between both of you. A range of factors relating to finances, work commitments and providing the best environment for the children will be taken into account to make this decision.

If you have any questions about child custody law, or want to know how we can help secure a Child Arrangements Order for your children, call our child custody solicitors on 0345 604 4911, or you can contact us online and we’ll get back to you as soon as possible.

My Partner And I Have Split Amicably - Do We Still Need Our Children's Living Arrangements To Be Legally Ratified?

No, the courts prefer parents to come to an amicable agreement, so it’s not essential to put a legally recognised agreement in place.

However, we recommend that you and your partner have some kind of written agreement about custody of children, even if it's not a legal document.

Feelings and circumstances can change over time, and new relationships and the addition of step-families may change your idea of what's best for your children. Having something to refer back to could prove helpful if disputes arise in the future, even if the document isn't legally binding.

For more advice on whether you should get a Child Arrangements Order, or for help with any other aspect of child custody during a divorce, call our child custody lawyers on 0345 604 4911, or you can contact us online and we’ll get back to you as soon as possible.

Can Child Arrangements Orders Be Changed If I Don’t Agree With Them?

Child Arrangements Orders can in some circumstances be challenged and changed, but it all depends on your circumstances and the nature of your challenge.

Some Child Arrangements Orders will contain an allowance from the judge that you can change the framework of the order, if both you and your partner agree to the alteration. In other cases, you may be able to ask the court to consider a completely new Child Arrangements Order.

Each case of child custody is different, and it's important that you get expert legal advice before trying to challenge a Child Arrangements Order. For help with your case, you can call our expert family law team on 0345 604 4911, or contact us online and we’ll get back to you as soon as possible.

I live in Scotland, can Irwin Mitchell help me?

Our expert family law team works with a number of trusted partners to help our clients with family law issues in Scotland.

We’ll be your point of contact and manage the entire process for you throughout. You’ll get frequent progress updates and we’ll break down any legal jargon into plain English so you’re always in the loop.

To find out more about how we can help, give us a call on 0345 604 4911 or contact us online.

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Child Custody Solicitors

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Will I Have To Go To Court

How Does The Court Decide Child Arrangements?

What Happens If We Never Married Or Were In A Civil Partnership?

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