The need for specialist advice:

It is up you and your partner to agree on the best arrangements for your children following divorce or separation.

Unfortunately, there are times when a solution cannot be found, which is why our specialist solicitors are here to help. Whether you feel you’re having difficulty with your situation or not, it’s important to ensure that no problems arise and that court proceedings aren’t always necessary.  We can assist with a referral to mediation if you want to consider the issues in a less formal setting

Let our experience make yours that much easier:

Deciding where your child should live and how often they will see each parent is known as ‘child arrangements. Our team of expert family lawyers can advise you on all aspects of child arrangements law including:

  • Where a child/children will live
  • How often the child/children will see the other party
  • Dealing with Court proceedings

We always try to resolve any child arrangement issues without the need for formal proceedings. However, if you and your partner cannot reach an agreement, we will go to court to settle the arguments.  The court will look at what it considers to be in the best interests of the child.

Certain situations, such as protecting your child from an abusive partner, will often need to be referred to the court.

Need expert advice? Let us help:

To discuss contact and residence and family mediation please contact:

FAQ’s

Who has parental responsibility?

Parental Responsibility (PR) is a legal concept which refers to the “rights duties and responsibilities” a parent has towards a child. Mothers automatically obtain PR once a child is born as do Fathers who are married at the time of the child’s birth or who subsequently marry the child’s mother.

Unmarried fathers obtain PR if their name is on the child’s birth certificate when the birth is registered. If an unmarried father is not named on the birth certificate he can acquire PR by either (a) marrying the mother, (b) by a Parental Responsibility Agreement or (c) by a court order.

In same sex relationships, PR is automatically shared by both partners if they were civil partners / married at the time of conception through artificial insemination (after 6 April 2009). If not married or in a civil partnership the non birth parent can acquire PR by way of an agreement with the birth parent or a Court Order.

How do I get parental responsibility?

Unmarried fathers obtain PR if their name is on the child’s birth certificate when the birth is registered. If an unmarried father is not named on the birth certificate he can acquire PR by either (a) marrying the mother, (b) by a Parental Responsibility Agreement or (c) by a court order.

To obtain a Parental Responsibility Agreement a formal document will need to be drafted and the agreement and signature of the mother is required. This document can then be registered with the principal Registry in London.

If the mother will not agree to a Parental Responsibility Agreement, then a court application may be necessary. If the father obtains a court order in which it states that the child lives with him, then such order would also result in a parental responsibility order in the father’s favour.

There is no limit upon how many people can hold PR but in most cases PR is acquired by non birth parents if they obtain a court order that the child lives with them. Step Parental Responsibility Agreements / Orders are also available.

What is a child arrangements order?

When parents separate, disputes may arise about where and with whom a child will live, or how much time they will spend with a parent or other person with whom they do not live. If these arrangements cannot be agreed on, it will be necessary to apply to the court for orders deciding these issues.

Child arrangements orders (CAO) regulate with whom and when a child is to live, spend time or otherwise have contact. For example, if you and your partner have separated and you want your child to live with you, but cannot agree on this, then you may need to apply to the court for a CAO regulating your child’s living arrangements. Alternatively, if you have agreed that your child will live with one parent but cannot agree the amount of time that your child will spend with the non-resident parent, you will need to apply to the court for a CAO regulating contact arrangements. A CAO regulating contact arrangements requires the person with whom the child lives to allow the child to visit or stay with the person named in the order, or for that person and the child to otherwise have contact with each other. The order will set out when the child is to spend time or otherwise have contact with the person named in the order.

The court may regulate a child’s living arrangements by making any of the following CAO:

  • A Live With Order, which names the parent(s)/ person(s) with whom the child is to live. (Shared care orders can be made which order a child to live with both parents in their respective households following separation. The division of the child’s time between each household need not be equal.
  • A Spend Time With Order which will specify the time that the child will spend with the non resident parent.
  • Prohibited Steps Order which prohibits one parent from a specific action.
  • Specific Issue Order which orders one parent to undertake a specific action.

Being named as a person with whom a child is to live in a CAO, means that you have the right to take the child abroad for up to one month without the consent of the other parent or the court’s permission.

A parent who is not named as the person with whom the child lives in a CAO does not have this right. However, in the absence of agreement with the other parent, they can apply to the court for a specific issue order to take the child abroad. If the person named in a CAO as the person with whom the child lives wants to take the child abroad for longer than one month, they would have to apply for a specific issue order in the same way.