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Children and Childcare Arrangements
It is only normal for separation, divorce or the breakdown of any relationship to cause distress for any children involved. At OTS Solicitors, our family law team have years of experience helping parents work out the best arrangements for their children. We help parents come together to reach an agreement that will withstand changing circumstances (such as one parent meeting a new partner), and the vicissitudes of everyday life.
To speak to our top family law solicitors based in London, please contact us on 0203 959 9123, or contact us through our online enquiry form.
At OTS Solicitors, our family law team possess a wealth of experience advising and representing clients in disputes over childcare arrangements. We provide caring, practical advice in a friendly, sensitive manner. Our primary aim is to look after your best interests and those of your children.
Our head of Childcare Department is Ms. Jordana Adams. She works very closely with Resolution, an organization whose members follow a Code of Practice that promotes a non-confrontational approach to family problems.
Our team of Child Care Solicitors will advise you on any of the following Child Care Arrangement matters, but not limited to:
• Contact rights for fathers
• Contact rights for mothers
• Taking child away/abroad without permission
• Reasons to stop father/mother seeing child
• Child arrangement order not working
• Parenting plan
• Parenting agreement
• Parental responsibility
• Parental responsibility order
• Stop parent taking the child abroad
• Specific issue order
• Prohibited steps order
• Change of surname
• How to change a child's surname
• Cafcass report
• Cafcass
• S7 report
• Penal notice
• Step-parents’ rights
• Children Act matter
• S8 order
• Child residence order
• Live with order
• Spend time with order
• Child relocation
• Right to see child
• Enforcement of child arrangements order
• Enforcing child contact order
• Special guardianship order
• Welfare checklist
• Not paying child maintenance
• MIAM
• Children mediation meeting
• FHDRA
• Fact finding hearing
• Child abduction
• Shared care order
• Child access
• Ex-partner denies access
• Mother/Father denies access
• Child custody forms
• Child legal problems
• Child legal advice
• How can I stop contact
• Taking child on holiday
• Parent refusing to give child’s passport
• Do I have to go to mediation
The Law Around Arrangements for Children After a divorce
When the court is considering any matters concerning the upbringing of a child, the child’s welfare is the paramount consideration.
When filing for divorce, a Statement of Arrangements must also be submitted to the court. This outlines the care arrangements you and your partner have agreed to for your children. Knowing that amicably agreed childcare arrangements are more likely to stick and thus provide stability for the children, the judiciary will only get involved in sorting out child arrangements as a last resort.
Our experienced family law team can assist you to work out a childcare agreement with your partner. We have a wealth of experience in this area of family law, and a high success rate of negotiating arrangements amicably and quickly.
Disputes Surrounding Child Care Arrangements
If you cannot agree with your estranged spouse on arrangements for your children, you will come under the Child Arrangements Programme. This programme, introduced in 2014, removes the terms ‘custody’ and ‘access’ and replaces them with a ‘child arrangement order.' It is designed to assist families to reach safe and child-focused agreements for their child, where possible outside the court setting. If parents/families are unable to reach an agreement, and a court application is made, the Child Arrangement Programme encourages swift resolution of the dispute through the Court.
The Role of Mediation in a Child Care Arrangement Dispute
If you are unable to agree on living arrangements for your children, the court will ask you both to attend a Mediation Information and Assessment Meeting (MIAM) to see if mediation proceedings will help you reach an agreement.
There are situations where couples are exempt from attending a MIAM, for example, if there is a history of violence and/or abuse in the relationship.
During mediation, it is important for the welfare of your children to work with the Mediator to decide:
- where will the children primarily reside?
- how, when and where the parent with whom the children will not primarily reside, will see them
- how they will be supported financially
- where they will spend school holidays
- who will pay for school fees (if applicable)
Mediation has proven to be an effective process, allowing many couples to work out arrangements for their children between themselves, without the stress and expense of having to go to court.
Our experienced family law solicitors can support you through the MIAM and/or mediation process, or advise you as to whether an exemption to a MIAM applies to your situation.
Our Approach to Child Arrangement Matters
We fully believe that in cases of separation and divorce, the child’s welfare is paramount. By dealing with cases sensitively and firmly, we have proven time and time again that our family law team can bring estranged couples together in an amicable way to work out the best arrangements for their children.
Our Family Solicitors strive to, where possible, negotiate arrangements that not only meet the needs of the children but also provide both parents with the means to adjust to their new situation, without undue disturbance. Normally we succeed in achieving this through negotiation and/or mediation. But sometimes parties cannot or should not (due to factors such as domestic violence) reach agreement through these methods, and litigation is inevitable.
If this is the case, we can represent you on an application for a Child Arrangements Order, which is made by the court. A Child Arrangement Order may include restrictions on your child being removed from the UK if you are concerned that your partner may try and abduct them. If there has been a history of violence and/or abuse in the relationship, the Child Arrangement Order may make provisions for any contact to be made under the supervision of a third party.
We will ensure both you and your children’s voices are heard by the judge and that proceedings are run in a calm, respectful manner.
Parents trust us to assist them with working out arrangements for the care and comfort of their children; a responsibility we take very seriously. By approaching each case in a bespoke manner, we ensure every family who comes to us feels fully supported throughout the process.
International Adoption
At OTS Solicitors, our family law team have years of experience in inter-country adoption. We help prospective parents navigate the often-complex laws around adopting a child from overseas. We are an award-winning law firm and are highly-ranked in the Legal 500. Please check our Subsections below for further details on international adoption or to speak to our top family law solicitors based in London, please contact us on 0207 936 9960, or contact us through our online enquiry form.
For a more detailed discussion regarding arrangements for your children, or to book an appointment with a member of our family law team, please call us now on 0203 959 9123.
Children and Childcare Arrangements subsections
International Adoption
At OTS Solicitors, our family law team have years of experience in inter-country adoption. We help prospective parents navigate the often-complex laws around adopting a child from overseas. We are an award-winning law firm and are highly-ranked in the Legal 500.
To speak to our top family law solicitors based in London, please contact us on 0203 959 9123, or contact us through our online enquiry form.
At OTS Solicitors, our family law team possess a wealth of experience advising and representing on inter-country adoption matters. We provide caring, practical advice in a friendly, sensitive manner. Our primary aim is to consider the best interests of the child and assist you to bring them to the UK. OTS Solicitors also specialises in Immigration law. Our Immigration and family law collaborate extensively to ensure clients who are considering international adoption are supported through every stage of the process.
Ms. Jordana Adams heads our family lawyers in London and is a member of Resolution, an organisation whose members follow a Code of Practice that promotes a non-confrontational approach to family problems.
What are the residency criteria if I wish to adopt a child from overseas?
You are not required to be a British Citizen to adopt a child from a foreign country, but you do need indefinite leave to remain or permanent residence. You must also be habitually resident in the UK. Our Immigration solicitors can advise you whether or not you meet the criteria.
What is the application process for inter-country adoption?
There is a strict application process for adopting children from overseas, and failure to abide by it could see you commit a criminal offence. We understand this process and can advise and represent you through every stage.
The first step in the process is to contact an adoption agency that specialises in overseas adoptions. Our solicitors will not only work with you but also with the agency you choose to ensure your overseas adoption progresses smoothly.
The approval process will take around four to six months. It will include attending training courses, interviews, one or more home visits with a social worker.
If you are approved, you will then be put on a waiting list until you are matched with a child.
Can I adopt from any country?
When it comes to foreign adoption, countries are divided into three groups:
- Hague Convention countries
- designated list countries
- countries that fit into neither category
Hague Convention Countries
The UK is a signatory country to the 1993 Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention). If you wish to adopt a child from another country which has signed up to the Hague Convention, you will need to follow the process the convention lays out.
In the UK, the Department of Education overseas Hague Convention adoptions. All prospective adoptees must be approved under the process laid out in Article 17. This means being approved by the relevant local body and an Article 17 certificate issued which concludes the assessment and approval process and states that neither central authority objects to the adoption proceeding.
A Hague Convention adoption is recognised under UK law, and the parent/s will not need to re-adopt the child once he or she enters Britain. In addition, if one of the parents is a British Citizen, the child will automatically be granted British nationality.
Designated List countries
The Designated List refers to the list of countries that are named in the Adoption (Designation of Overseas Adoptions) Order 1973. The UK automatically recognises an adoption made in any of the countries named on the Designated List. However, unlike an adoption from a Hague Convention country, you will need to apply for British Citizenship for the adopted child if your application is successful.
The decision to grant British Citizenship is entirely at the discretion of the Home Office. Our experienced immigrate department can organise an application for British Citizenship for you and answer any questions the Home Office has on your behalf.
Adopting from other countries
If the child you wish to adopt is from a country that is not a signatory to the Hague Convention or on the Designated List, any adoption will not be recognised under UK law, meaning you will need to apply to a UK court for an adoption order.
This process is governed by section 83 of the Adoption and Children Act 2002. It outlines a strict process which must be followed by the prospective adopting parents. This includes:
- having a full assessment by a registered adoption agency
- being notified that the Secretary of State has issued a certificate to the relevant authority in the child’s country
- providing the adoption agency with all the information regarding the child you plan to adopt
- visiting the child’s country
- notify the adoption agency of the date the child will enter the UK
- applying for an adoption order within two weeks of the child entering the UK
Do I have to be in a relationship to adopt a child from overseas?
You do not have to be in a relationship to adopt a child. However, you must be over 21 years of age.
Let us advise you through the inter-country adoption process
Our family and Immigration law solicitors have the experience you can rely on to help you navigate through the complicated process of adopting a child from overseas. We are a friendly, sensitive, compassionate team, dedicated to caring for the best interests of the child and helping parents make their dreams of adopting from overseas materialise.
Many parents have entrusted us to assist them with adopting a child from overseas. We take our responsibilities to them and the child extremely seriously. By approaching each case in a bespoke manner, we ensure every family who comes to us feels fully supported throughout the inter-country adoption process.
For a more detailed discussion regarding inter-country adoption, or to book an appointment with a member of our family law team, please call us now on 0203 959 9123.
Adoption and Guardianship
Child Abduction
Child Care Proceedings
Child – Private Law
Surrogacy and Parental Order
For a more detailed discussion regarding your case, or to book an appointment with a member of our divorce and family law team, please call us now on 0203 959 9123
Your Questions & Our Answers about Children and Childcare Arrangements
Dear Katie,
We are sorry to hear that the Father of your children has failed to return the children to you after contact since May. We can definitely assist you and can help you make an application to the family court to get your children back. However you will need to act sooner rather than later as the children have been in the father’s care for a few months now. Please get in touch for advice and immediate assistance in your matter.
You can call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for your question.
We will require more information in order to advise as to your exact position. If there is no possibility for you to reach an agreement with your grandchildren’s mother, you may have the option to apply to the court for a child arrangements order to have contact with the grandchildren. However, as the grandparents you may require the court’s permission in order to apply for the child arrangements order. If proceedings are initiated, the court will have regard to the welfare checklist and what is in the best interests of your grandchildren.
Should you wish to discuss this further please do not hesitate to give us a call 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for your enquiry. Please note that we are unable to provide detailed legal advice without knowing all the necessary information about your case. We can, however provide some general information in light of your question.
It may be best for the mother to attempt mediation to try and reach an agreement with the father. If an agreement cannot be reached or mediation is inappropriate, the mother may have the option to apply for a variation of the existing order. An application can be made under section 8 of the Children Act 1989.
In deciding what is best for the child the court will look at the welfare checklist which provides that, amongst other factors, the ascertainable wishes and feelings of the child should be considered (in light of their age and understanding). As the child is now older the court may be more willing to take their wishes into account. Please note that once an application is made it is open to the court to vary the child arrangements order in various different ways or may decide not to make any variation to the existing order at all. It may be best to obtain detailed legal advice in order to decide on the best way forward.
Should you wish to discuss this further please call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
I am sorry to hear about the difficulties with your taking your children on holiday.
If your ex-partner will not agree to your taking the children away on holiday, you could go to family mediation to see if mediation will help your ex-partner recognise that her fears about your taking the children away on holiday are not justified.
If you are not able to resolve matters in mediation then you could apply to the family court for a child arrangements order. If the court made a child arrangements order, the order would set out the time you should spend with the children each week as well as holiday time. For example, the order could say that the children should spend half the Easter school holiday with you and say three weeks each school summer holiday. The amount of holiday contact that you can enjoy may depend on your work schedule as although many parents would like to equally split school holiday time over the whole school year they are not able to do so because of work commitments.
If you do spend more overnight contact time with the children, this could have an impact on the amount you should pay in child support for the children.
To discuss your situation and your options we would need to see you. We can give you expert children law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
We are sorry to hear about the difficulties over agreeing on a choice of school for your son.
If you and your ex-husband cannot reach an agreement over whether your son should be educated privately then you can make an application to court for a specific issue order. The court would then decide on the school your son should attend.
When considering the court application the court would decide on the choice of school based on what the judge believes would be in your son’s best interests.
You are right to look at Ofsted reports in order to compare schools but you should also look at private schools and their pastoral care as you say your son is sensitive. That is so you can balance educational and pastoral needs. The court would carry out this exercise when looking at what is in your son’s interests so it is helpful if you can present the court with your research into the specific schools.
If your ex-husband says that he will not pay the school fees even if a court decides that it would be better for your son to be educated privately, you can apply for a school fees order.
Court applications do take time to get to a final hearing. Therefore, as your son is ten and getting to secondary school age, I would encourage you to get advice now so that any application to court is made in plenty of time so your son can start his secondary education at your chosen school.
To discuss your situation and your options, we would need to see you. We can give you expert children law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
family law team at OTS Solicitors
We are sorry to hear about the difficulties with your contact with your children.
If you and your ex-partner cannot reach an agreement over your contact with the children, you could go to family mediation to see if a family mediator can help you reach an agreement.
If family mediation is not suitable for you or does not resolve matters then you could apply to the family court for a child arrangements order. This order is like the old style access or contact orders. Your ex-partner could apply to court for an order to stop your girlfriend seeing your children during contact visits.
When making any decisions about children the court will look at what is in the best interests of your children.
To discuss your situation and your options we would need to see you. We can give you expert children law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
family law team at OTS Solicitors
Thank you for your enquiry.
If you are paying your former wife spousal maintenance, then the spousal maintenance payments should stop when she remarries.
You mention that you are paying child support but do not say if that is on a voluntary basis, after a child maintenance service assessment or under a family court order. You should not change the child support payments without first taking legal advice.
The amount you pay in child support should not be effected by your former wife’s remarriage and her husband's financial circumstances. However, a family solicitor can advise you on whether you are paying the correct amount of child support based on your current income and other factors. If the child support is being paid under a child maintenance service assessment or court order, a variation application could be made.
You do need family law advice on your child support payments. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
family law team OTS Solicitors
I am sorry to hear about your situation. Your ex-partner cannot take the children back to Poland with her, if the children are habitually resident in England, without either your agreement or a UK family court order.
If the children are in school in the UK, the likelihood is that the children are habitually resident in the UK. That means if you and your ex-partner cannot agree on what is best for your children, a judge in the UK has the jurisdiction to decide.
We would need more information from you to give advice on your children’s habitual residence. If you fear that your former partner may just take the children to Poland, without your agreement or court order, you could urgently apply for a prohibited steps order to stop her from doing so.
If your ex-partner takes legal advice she will probably be told about the need to apply to court for permission to take the children abroad to live. You could oppose the application on the basis that a move to Poland is not in the children’s best interests. However, if you fear that your ex-partner will either not take advice or just flee with the children, we would urge you to speak to us quickly to see how we can help you .
Please call us as quickly as you can on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Jordana Adams, Family Solicitor
Thank you for your enquiry.
Your ex-wife cannot legally change your children’s surname unless you give your written agreement, or she makes an application to the family court for an order permitting her to change the children’s surname and the court grants the order.
If your ex-wife will not stop calling the children by her new husband's surname, then you could make an application to court for a prohibited steps order to stop her from changing their surname.
If you are experiencing any issues with seeing the children, you could also apply for a child arrangements order to set out the times you should see the children.
The court is normally reluctant to change a child’s surname unless there is very good reason to do so. That is because the surname is part of your children’s identity. However, if your ex-wife will not stop calling the children by the new surname and you delay in taking action the court may say that it would be even more confusing to the children to change the surname back again. I would therefore urge you to take action now rather than wait. A solicitor’s letter to your ex-wife may be sufficient and if not you could apply to court for a prohibited steps order.
To discuss your situation and advise you on the best way forward please call us on 0203 959 9123 to arrange an appointment to see us.
Jordana Adams, Family Solicitor
I am sorry to hear about the difficulties with the Saturday contact with your children. Spending the Saturday travelling cannot be much fun for you or the children.
You do not say whether there is a court order in place. Has a child arrangements order been made? If there is a child arrangements order and it says that the children have to be back at home with their mother by 4pm then you should comply with the court order. That is unless your ex-partner agrees to the change in time from 4pm to 6pm or you apply back to court to vary the child arrangements order to a return time of 6pm.
You do not mention how old your children are. Is there a reason why they need to be back at their mother’s house for 4pm on the Saturday? In addition, you do not mention if you are having any overnight contact with the children. If you have accommodation for them, staying with you overnight may help give you more quality time with the children to enjoy outings with them.
To discuss your situation and your options we would need to see you. We can give you expert children law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Jordana Adams, Family Solicitor
I am sorry to hear about your separation and the fact that you are not seeing your children at the moment. Seeing your children should not be linked to sorting out financial matters. You do have legal rights. If your wife will not change her mind and agree to your having contact with your children you could apply to court for a child arrangements order. When deciding whether to make a child arrangements order to let you see the children the family judge would make a decision based on your children’s best interests, not financial matters. The family team can help you apply for a child arrangements order as well as help you resolve property and financial matters.
Please call me on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Jordana Adams, Family Solicitor
Case type: family, children
Thank you for enquiring with us at OTS Solicitors. Based on the information you have provided, it would appear that you have a complex family matter which needs to be explored in greater detail as to best advise the options are available to you. Please call us on 02039599123 should you wish to discuss further.
There are a number of concerning issues that you have raised and some of these include welfare issues for your child. There are a number of steps that you can take but my advice as to how to best deal with the situation will partly depend on the specific facts of your case, whether there have been child proceedings previously and if any order is in place, if you have tried mediation or alternative dispute resolution and if this would be appropriate. Ultimately where you have concerns that your child is in imminent danger these can and should be reported to the police and/or social services.
If you would like more detailed advice about your legal options I would be happy to assist and would be grateful if you would contact the office to arrange a consultation.
Options available to you would include initiating child proceedings if necessary for a child arrangements order or specific issues order to address some of the concerns you have raised.
Dear Sir,
Many thanks for your question.
I noted that you had two queries the first your ability to have your current child maintenance order varied and the impact of your medical health on your ability to continue to have contact with your children. The answers will depend on the specific facts of your case for which I would require a consultation with you to answer. However, in general where you can evidence that you do not have the financial means to comply with a financial order it will be varied. In your case a recent change of circumstance which is not reflected in you tax returns and other evidence of income yet. As such you would need to make an appropriate application with the necessary evidence as I understand from your question you have done previously. Your medical condition should not impact on your ability to have contact with your children unless it raises direct concerns as to the children’s welfare. As such in order to pre-empt such problems it would be good to obtain the necessary medical evidence (such as letter from your GP or specialist advising the impact of your medical condition on you and where possible advising that it will not impact your ability to have contact with the children or where it will explaining the extent so that it can be manged appropriate). As I stated above much of this will depend on the specific facts of your case, so I would recommend that you book in for an initial consultation in order to benefit from detailed legal advice on your matter.
Thank you for your enquiry.
It would not be usual to request regular drug testing however within an application for child arrangements to change the current arrangements you have with the father of your children you can make an application for changes to his contact on the basis of his behaviour and use of cannabis. The application that would be appropriate would depend very much on the circumstances of your case. However, where the father denies use then it is likely a drug test would be ordered. Due to the sophistication of the tests they are often able to establish frequency of use from one test over a long period of time. As such the test would distinguish between occasional and regular use and give an idea of the length of time of use. We would be happy to assist you further if you wish to pursue this matter.
Dear Sir,
Thank you for your family law enquiry.
Where you establish that you are the father of the child you will have joint parental responsibility unless the court has ordered otherwise or you have given it up. Therefore you should come to agreement with the mother of your child with respect to all major decisions including the name of the child. Where you are unable to reach agreement you will need to try to reach agreement using alternative dispute resolution and ultimately if this is not successful you would need to consider court proceedings. This would also apply where you are unable to agree contact with the child with the mother. We would be happy to assist you further but would need more details with respect to the circumstances of your case and would require an initial consultation to give you advice.
Our family law solicitors will contact you shortly.
Dear Sir,
Thank you for your family law enquiry.
If you have doubts as to whether you are the father of the child, you have a right to establish this prior to paying child support as your obligation to pay child support will only take affect where you are the father of the child. Where this information is not provided voluntarily, and you are not provided with the birth certificate you could make an application in order to obtain the document where it cannot be obtained through negotiation or mediation. If you are still not satisfied that you are the child’s father, you could request a paternity test to establish if this is the case or not. Where you are the father of the child you will automatically have shared parental responsibility with the other parent as such you should be in agreement with respect to all major decisions in the child’s life including education and religion. If this cannot be agreed you will need to consider alternative dispute resolution prior to any court proceedings.
Our family law solicitors will contact you shortly.
Dear Sir,
Thank you for your enquiry. You will need to discuss your matter with a bank. They should be able to inform you if you can open an account for your child.
Best Wishes,
OTS Solicitors
Dear Sir,
Thank you for your family law enquiry.
Where you are the father of the child and this is established then you can seek to be noted on your child’s birth certificate and you are entitled to have a copy of the birth certificate and can obtain further copies. Where the other parent does not agree to this and you need assistances as to establishing that you are the father and should be noted as such we can assist with this. You should decide by agreement with respect to the child’s legal name and if this cannot be agreed ultimately you may need to make an application to the court, although such matters should first be attempted to be resolved through alternative dispute resolution.
Our family law solicitors will contact you shortly.
Dear Sir,
Thank you for your family law enquiry.
Your rights are very much dependent on the facts of your case. The father will generally be entitled to contact, however given the very young age of your child overnight contact may not be appropriate at this time. Much of what is considered to be appropriate with respect to contact will depend on what is in the best interests of the child. For this reason, I would suggest that you contact us to arrange an initial consultation where we can advise you fully and look at trying to reach an agreement with your ex-partner without the need to have court proceedings. Either by having him accept proposals or through mediation which it is a requirement to try prior to proceeding with court proceedings.
Our family law solicitors will contact you shortly.
Dear Sir,
Thank you for your family law enquiry.
We would be able to go through the report with you prior to the hearing. We could do this through a Skype or a telephone consultation but would need you to send the documents in advance. Where these are public proceedings instigated by the local authority you may be entitled to your legal costs being covered by the local authority in relation to getting advice with respect to the SGO. You should also be aware that you could be entitled to receive funds from the local authority in relation to care for the children, initial costs to prepare for them to live with you or in light of them living with you.
Our family law solicitors will contact you shortly.
