Child Arrangements,
Co-Parenting and
Parenting Plans

We are child-focused lawyers, who place the best interests of the child at the centre of our advice. Our advice draws on years of experience, and we offer practical solutions that aim to minimise distress caused to children. We will give you clear and responsive advice in emergency situations.

Parental Responsibility

Parental responsibility is the legal term used for the obligations and rights parents have in respect of their child. You and your former partner are likely to share parental responsibility for the child, whatever the living arrangements. This should mean you are both involved in all major decisions such as those about the child’s health, education, and religion.

Mothers automatically have parental responsibility for their child. A father has parental responsibility if he: 

  1. Is married to the child’s mother;
  2. Is named as the child’s father on their birth certificate;
  3. Has obtained a court order which grants him parental responsibility; or
  4. Has entered into a parental responsibility agreement stating that he has parental responsibility.

In most circumstances, same-sex partners will both have parental responsibility if they were married or civil partners at the time of the treatment which lead to conception. For same-sex partners who aren’t married or civil partners, the second parent can obtain parental responsibility by either applying for parental responsibility, or by becoming a spouse or civil partner of the other parent and making a parental responsibility agreement.

The right to spend time with your child

It is extremely rare for one parent to have no right to see their child post-separation.  As a general principle, the court considers that it is in a child’s best interests to spend regular time with both parents.  The amount of time depends on the particular circumstances of the family, which may change over time. Depending on their age and maturity, the child’s wishes and feelings are usually taken into account.

We can assist you if:

  1. You have separated from your partner and would like advice as to the options for you and your child post-separation;
  2. Your former partner is not supportive of the time you spend with your child;
  3. You are not supportive of the time your former partner spends with your child, perhaps due to serious welfare concerns, and you would like advice as to your options; or
  4. Your former partner cannot agree where and with whom your child should live, or you cannot agree on certain major decisions in the child’s life, for example, education or health related decisions.
How to agree child arrangements and the different options

Some parents are able to agree child arrangements without the assistance of lawyers. If you and your former partner agree the arrangements for the child, you may wish to record your agreement in a Parenting Plan.

 

If you and your former partner cannot agree what the child arrangements should be, we may suggest that you both attend mediation. Mediation is often the most cost-effective option.

 

Alternatively, it may be more appropriate for us to liaise with your former partner, or their lawyer, on your behalf, and advance your proposals in the hope of reaching an agreement.

 

In the event that you and your former partner cannot reach an agreement between you, it may be necessary to ask the court for assistance. We can assist you with navigating the court process, handle the day-to-day running of your case, and if appropriate, arrange for you to be represented in court by a barrister.

Emergency and preventative action

If you fear that your child is at risk of being removed from the country by your former partner, it is important that you seek advice as quickly as possible. We can assist you with applying for a Prohibited Steps Order which prevents the removal of a child from England and Wales.

A Prohibited Steps Order can also be used to stop the other parent exercising other elements of their parental responsibility, for example, by preventing them from removing a child from their school, from changing the child’s name without the permission of you or the court.

We recognise that every situation is different, and you will be supported by highly experienced lawyers who will provide you with clear legal and practical advice together with the support you need to enable you to move to the next stage in your life.

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    Child Law FAQs

    Can I take my children on holiday?

    If a parent has a Child Arrangements Order that provides for their children to live with them, they can take their child/children out of England (or Wales if that is where they live) for up to 28 days without the consent of the other parent unless there is a Prohibited Steps Order or Specific Issue Order requiring them not to do so.

    If there is no Child Arrangements Order, then the consent of every person with parental responsibility will be needed before one parent can travel abroad with their child/children.

    Can I change my child’s surname?

    If both parents agree to the change of their child’s name, then they can complete a deed poll: https://www.gov.uk/change-name-deed-poll/change-a-childs-name

    If one parent opposes changing their child’s name, the other can seek permission from the court. We would recommend that you seek independent legal advice from a family law solicitor before making any such court application.

    Who are Cafcass?

    Cafcass stands for “Children and Family Court Advisory and Support Service”.

    Cafcass is an organisation that represents a child’s best interests in family law court proceedings. They provide reports and recommendations to assist judges in making decisions about child arrangements, and other issues affecting children.

    Can family court decisions be appealed?

    In most cases, you will have to ask a judge’s permission to appeal.

    The judge will only grant this permission if they think the appeal has a real chance of succeeding or in family proceedings, there is some other valid reason for your appeal to be heard. If you are considering making an appeal, we would recommend that you seek independent legal advice from a family law solicitor.

    What is the difference between a barrister and a solicitor?

    A solicitor will undertake most of their work outside of court and provide advice, handle paperwork, and negotiate settlements for clients. They directly interact with clients, gather evidence, and represent clients in court if necessary.

    Barristers specialise in courtroom advocacy and are typically instructed by solicitors to present cases in court and to represent clients during hearings and trials.

    Whilst solicitors handle overall case management, barristers focus specifically on courtroom representation.

    Can the family court drug test you?

    Yes. The family court can order one parent to undergo drug and/or alcohol testing in order to prove that they are sober or clean.

    Do grandparents have the right to spend time with their grandchildren?

    Grandparents do not have an automatic to spend time with their grandchildren, however, they can apply to the court for an order under the Children Act 1989. if they are being denied access. If you are considering making such an application, we would recommended that you seek independent legal advice from a family law solicitor first.

    Parental Alienation

    Have you wondered why your child expresses a strong and unjustified dislike towards you?

    While there are numerous reasons for this, a more common but unknown cause is parental alienation.

    Recent Experience

    Short Marriage settlement negotiated out of court

    Acting for and advising a high net worth client on a division of the matrimonial assets following a short marriage. The case settled out of court and we were able to successfully negotiate a settlement whereby the majority of the assets (including high value properties held by a business in which the client had a shareholding) were retained by our client.

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    Acting for and advising high net worth overseas clients on the successful negotiation of a matrimonial settlement, including property abroad and in the UK and business interests.

     

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    Children dispute

    Advising a client concerning a dispute involving children whereby the unmarried ex-partner made a claim for capital, top up of child maintenance and payment of school fees under Schedule 1 Children Act 1989.

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