Child Custody Solicitors in London

What is child custody?

Child custody in the UK refers to the arrangements for a child after parents have separated.

Parents should try to agree on the custody and contact arrangements for their children after their separation or divorce. If they cannot do so, the court can decide on the amount of parenting time each parent should spend with the child.

A child arrangement order will specify how much time the child will spend with each parent. The court could order shared care or order that the child live with one parent and have contact with the other parent.

Although the court encourages parents to come to a voluntary agreement rather than make an application to the court, there are situations where parents have no alternative other than to apply for a child arrangement order.

How our child custody solicitors can help

When childcare arrangements cannot be agreed upon, a parent needs a child custody lawyer on their side who can:

• Explain the legal terminology and your options on how to reach an agreement over future parenting arrangements.
• Outline how to secure a child arrangement order and how to present your best case.
• Represent you in an application for a child arrangement order.
• Advise you if you want to change the established child custody arrangements after an earlier agreement or court order.
• Help you negotiate childcare arrangements in complex family dynamics where stepparents or grandparents want full custody of a child or contact, or if one parent wants to move overseas with the child.
• Sort out the financial and property implications of a child living with one parent and having contact with their other parent.

Whatever your situation, our child custody solicitors can help you by providing:

1. Expert divorce and child custody advice.
2. Specialist family law advice tailored to your situation and circumstances.
3. Empathetic support and guidance to make the stressful court process as stress-free as possible.

No two child custody applications are ever the same because families are different. Judges base their custody decisions on their assessment of what parenting arrangements are in your child’s best interests. That’s why you need child custody solicitors on your side who can help you navigate the law and secure the order you believe is in the best interests of your child.

Types of child custody arrangements

There are several types of child custody arrangements, including:

• Full custody of a child.
• Joint custody.
• Shared custody.
• Custody with a relocation order so a parent can move overseas with their child.

Although parents frequently refer to parenting arrangements as custody and contact, the family court and judges use different terminology, such as:

• Child arrangements and child arrangement orders.
• Parenting time.
• Shared parenting.
• Parent with care or primary carer.

The terminology can be confusing when all you want to do is provide a stable home for your child or to see them regularly.

Our child custody solicitors in London will cut through the confusing terminology and either help you agree on a parenting plan that meets your child’s needs or guide and support you in applying for full custody of a child by securing a child arrangement order that sets out the living arrangements for your child.

Contact OTS Solicitors Today to Speak to Solicitors for Child Custody in London.

FAQs on Child Custody

How do I get custody of my child?

Ideally, you and your ex-partner will reach an agreement over the childcare arrangements. If you cannot do so, you can apply for a child arrangement order and ask the court to order that your child lives with you.

Who has custody of a child when the parents are not married?

The family court applies UK child custody law in the same way to all parents. The laws and custody principles apply regardless of whether parents are married, in a civil partnership, or unmarried. Child custody decisions are based on what parenting arrangements are in the best interests of a child, rather than the parents’ relationship status.

Who gets custody of child in divorce?

Who gets to look after a child after a separation or divorce depends on what the parents can agree on. If parents cannot reach an agreement, the judge will make a child arrangement order setting out the parenting time each parent should have after assessing the arrangements that would best meet the child’s needs.

Grounds for full custody of child

If you do not want the other parent to share the care of your child after your separation, you will want to understand the grounds for full custody of child. In every child arrangement order application, the court will assess what parenting arrangements are in a child’s best interests. In cases where it can be proved that shared care or ongoing contact is not in a child’s best interests, the court can make an appropriate order that is like full custody.

How to apply for custody of a child

Child custody solicitors can file an application for a child arrangement order for you to secure ‘custody’ or parenting time with your child. The order may say you are the child’s full-time care provider or that parenting time is shared. The outcome of your application depends on the court’s assessment of what childcare arrangements are in your child’s best interests.

How does the court decide who gets custody?

The court decides on the living arrangements for a child based on its assessment of what parenting arrangement is in the best interests of your child. The court considers the factors contained in the Children Act 1989, which are referred to as the welfare checklist. They include the child’s wishes as well as both parents’ ability to meet the child’s physical and emotional needs.

What if we can’t agree on custody arrangements?

If parents can’t agree on parenting arrangements, they normally need to try using family mediation to reach an agreement. If mediation is not suitable or unsuccessful, either parent can apply to the family court for a child arrangement order.

Do grandparents or other relatives have custody rights?

Although a grandparent or extended family do not have custody rights, the law says they can apply for permission to apply for a child arrangement order so the child either lives with them or spends time with them.

What should I do if my ex-partner is not following the custody agreement?

If an ex-partner is not following a childcare agreement, you can negotiate a solution with the help of a child custody lawyer or by using family mediation. If there is an existing children’s law court order, you can apply to the court to enforce the order. If there is no court order, you can apply for a child arrangement order to obtain the security of a court order specifying the living and contact arrangements for your child.

How much does it cost to get custody of a child in the UK?

The cost of a child arrangement order depends on your situation. Some parents ask the court to make a child arrangement order by agreement, whilst others involve a series of court hearings and expert evidence. It’s best to talk to a lawyer for child custody to get an idea of how much it will cost to secure a court order in your situation.

How long does child custody take in the UK?

How long it takes to obtain a child arrangement order depends on a variety of factors. If your child is at risk, you can ask the court to make an urgent order. Where one parent is making serious allegations against the other parent, a fact-finding hearing or a report from CAFCASS or a child psychologist may be necessary, and it will therefore take longer for the court to decide on what living arrangements are in your child’s best interests.

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