Child Custody

Q: 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. But we always recommend you and your partner have some kind of written agreement about custody of children, even if it's not a legal document, as feelings and circumstances can change over time. New relationships and/or children can have a particular impact on amicable agreements.

Q: Can I challenge a child arrangements order if I don’t agree with it?

If you a re unhappy with a court order, you might be able to reapply to the court to have it changed. This will depend on your individual circumstances, whether they’ve changed, and the reasons for the original decision. We can help you understand if you have grounds for challenging your access rights.

Q: What happens if we’re unmarried or in a civil partnership?

If you a re 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 few changes to the law in recent years. Child arrangements can depend on how your child was conceived or came into the family. One of our specialists will be able to guide you through.

If you and your partner divorce, the issue of who has custody of your children can be a difficult one to resolve.

The term 'custody' is no longer used by the court. Instead, courts grant a Child Arrangements Order to set out where a child lives and spends time.

Our expert solicitors can help you reach an agreement as quickly as possible, minimising stress and uncertainty for your children.

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How can Irwin Mitchell help?

The term 'custody' is no longer used by the court. Instead, courts grant a Child Arrangements Order to set out where a child lives and spends time.

Unless there’s a reason one parent shouldn’t have contact with the child, the courts try to make sure both parents are involved in the child’s life. It’s now very rare that one parent will be given "full custody".

You will need to show you have tried to resolve the situation alone before you can apply to court.

If you are struggling to see eye-to-eye with your child’s other parent, a lawyer can help you work towards your ‘best case’ scenario – usually starting with out-of-court mediation sessions.

Our expert team will represent you if you can’t agree:

Where your child should live
When your child should see the other parent
How to make fair financial or child maintenance arrangements
What last names your child or children should have, or where they go to school.

Speak to our expert

We have the largest private client team in the UK, our team of experts are here to provide discreet legal advice to support you and your family.

Clare Wiseman

Head of Family Law

Find out more

Meet our experts

Clare Wiseman

Head of Family Law

Find out more

We’ll act immediately, in your best interests

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Frequently Asked Questions

Does either parent have precedence when deciding custody?

The best interests of the child are always the court’s priority.

Some people believe that the mother is automatically favoured by the courts in childcare matters, but this is no longer the case. The court will look at finances, work commitments, and the best environment for the children to make their decision.

When making a decision, it will consider all factors listed in the welfare checklist in Section 1 of the Children Act, including:

Any harm or risk of harm to the child
Each parent’s ability to meet the child’s needs
The likely effects of any change in circumstances
The child’s physical, emotional, and educational needs
The child’s age, sex, background, and any other relevant characteristics
The child’s wishes and feelings (bearing in mind their age and understanding).

My partner and I have split amicably. Do we still need our children's living arrangements to be legally ratified?

Can I challenge a child arrangements order if I don’t agree with it?

What happens if we’re unmarried or in a civil partnership?

Will I need to go to court?

You don’t have to go to court when deciding arrangements for your children. You don’t even need to make a formal arrangement at all if you have agreed things amicably between yourselves.

Usually, it’s best to document your agreement in writing in case anything changes. We can help you do this either informally, or with a written parenting plan. Getting this approved by the court means it becomes legally binding.

You will only have to go through the court process if you can’t settle your dispute alone, through mediation, or through an agreed parenting plan.

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