Child Arrangements & Child Custody Solicitors
Child Arrangements & Child Custody Solicitors
When a relationship breaks down it is sometimes difficult for couples to agree where their children should live and how much time they should spend with each parent.
Often referred to as “child custody”, the law in England and Wales now focuses on child arrangements – including who a child lives with and how they spend time with each parent.
Our experienced team recognises that arrangements which work most successfully are those which have been agreed between parents and it is therefore essential that advice is taken at an early stage.
We specialise in helping families sort out contact arrangements for children following the breakdown of a relationship.
Our experts are also members of Resolution, a national organisation of family lawyers committed to non-confrontational divorce, separation and other family problems.
How Napthens can help
We provide advice to clients from all different manner of backgrounds, with one clear aim – to support the provision of care and support for children and their best interests.
Our team are sensitive to all issues faced by parents and guardians. We will work closely on issues including:
- Advice on likely timescales
- Consider whether there are any special circumstances to your case which need to be taken account of and whether any expert evidence is required
- Consider your position and advise you on the avenues available for resolution. This may involve court proceedings, mediation or other alternative dispute resolution
- Consider when contact takes place and if it is appropriate or propose alternative arrangements
- Discuss with you what it is you want to achieve and advise you accordingly
- Explain the law, the courts’ approach/process and the matters the court will take account of if court proceedings become necessary
- Keep you appraised as to costs
- Represent you at court hearings, negotiate with your former partner or their legal representative and keep you fully up-to-date about progress
- Work with you at your pace
Our expertise in children law matters
We can also advise and assist with a wide range of related issues, including:
- Child Arrangements Orders (including “live with” and “spend time with” arrangements)
- Parental responsibility
- Child maintenance and ‘top-up’ maintenance claims
- Applications for school fee orders
- Enforcement of court orders
- Prohibited Steps Orders
- Specific Issue Orders
- Removal of a child from the jurisdiction
- Change of a child’s name
- Grandparents’ applications
- Paternity testing and declarations of parentage
- Schedule 1 Children Act claims
- Special guardianship orders
- Mediation and other forms of alternative dispute resolution
Resolving child arrangements
Where possible, we will always encourage an agreed solution between parents. This can help minimise stress, reduce costs, and provide stability for children.
However, where agreement is not possible, we can advise and represent you in applying to the court for a Child Arrangements Order, ensuring your child’s welfare remains the court’s primary concern.
FAQs
Whilst the term “child custody” is still used in everyday language, it has not been a legal term in England and Wales since the introduction of the Children Act 1989. The courts no longer grant “custody” or “access”. Instead, following the Children and Families Act 2014, these arrangements are dealt with through Child Arrangements Orders, which determine where a child lives and how they spend time with each parent.
In everyday language, yes — people often use “child custody” to refer to arrangements for children after separation. However, the courts of England or Wales no longer use this terminology. The correct legal term is child arrangements, and decisions are made through Child Arrangements Orders.
Where possible, parents are encouraged to agree arrangements between themselves. If an agreement cannot be reached, the court can decide by making a Child Arrangements Order, based solely on what is in the child’s best interests.
Not without good reason. In most cases, the court believes it is in a child’s best interests to have a relationship with both parents, unless there are concerns about safety or welfare. If there are serious concerns, you should seek legal advice immediately.
A Child Arrangements Order is a court order which sets out where a child will live, when and how they will spend time with each parent, and other practical arrangements for their care. This replaces older terms such as “custody”, “residence”, and “contact”.
No. The courts do not favour one parent over the other based on gender. Decisions about child arrangements are based entirely on the child’s welfare, including their needs, their wishes depending on their age and understanding, and each parent’s ability to meet those needs.
Not always. Many parents are able to reach agreements through direct discussion, solicitor negotiation, or mediation. Court proceedings are usually a last resort where agreement cannot be reached.
Mediation involves a trained, neutral professional helping parents reach an agreement about arrangements for their children. In most cases, you will be expected to consider mediation before applying to court, unless there are urgent issues or concerns such as domestic abuse.
A child’s wishes and feelings are taken into account, particularly as they get older. However, the court makes the final decision based on what is in the child’s best interests, rather than simply following the child’s preference.
If a parent does not comply with agreed arrangements or a court order, enforcement action may be possible. The court can take steps to ensure arrangements are followed and, in some cases, may reconsider the existing arrangements.
Yes. Grandparents do not automatically have parental rights, but they can apply to the court for permission to make an application for a Child Arrangements Order if necessary.
This depends on whether both parents have parental responsibility and whether a court order is in place. In many situations, you will need the consent of the other parent or permission from the court before taking a child abroad. We have created a useful letter template for child holiday arrangements.
Parental responsibility refers to the legal rights and responsibilities a parent has in relation to a child, including decisions about their upbringing, education, medical treatment, and general welfare.
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