Child Custody Specialists
Child Custody Lawyers
The McAlister Family Law team helps parents understand and maintain contact with their children following divorce and separation. We are expert child custody solicitors who can offer legal advice and peace of mind when it comes to:
- Parental rights
- Child custody laws
- Child maintenance
- The rights of extended family members during difficult times
One of the first considerations for a parent going through a separation or divorce proceedings is who gets child custody, i.e., where and who will your child live with.
This is understandable as the family dynamic will have likely taken a complete shift and a parent will be keen to know what the arrangements will be for custody of children going forward.
So, Will I Get Child Custody?
Firstly, it’s important you understand that the concept of child “custody” no longer exists in English law and indeed has not done so since 1989 following the Children Act 1989.
Having said that, we understand that many people undergoing separation or divorce think of looking after their children and having those children live with them in terms of custody.
Since 1989 this has been known as Parental Responsibility, which is automatically acquired by a mother on the birth of a child, by all married fathers, and by all fathers whose names are on their child’s birth certificates.
The answer to this question – save in exceptional circumstances – both parents will retain parental responsibility during the child’s minority and the court expects them to use this responsibility to decide with which parent the child will live and how the other parent will spend time with them.
The terms child custody, child custody agreements, and child custody disputes, are quite common phrases and are still frequently used in the media and in films/television, so we understand this confuses parents when separating.
The term child custody arrangement was replaced by a ‘Residence Order’ and then by the term that is used today which is a ‘Child Arrangements Order’. This binding child arrangement order will set out the child contact arrangements and plans for the ongoing care of the children.
Struggling Making Arrangements for Your Children? Our Expert Team Can Help
If parents cannot agree on the arrangements for their children following separation – that is, the parents cannot agree on where their children will live and when and how they will spend time with each parent – then they may need to apply to the court for a Child Arrangements Order.
If you do issue court proceedings, one thing it is important to remember there is a presumption of continued parental involvement by both parents, often referred to as shared care.
It is worth bearing in mind that continued parental involvement does not mean a specific division of time, and is not necessarily a 50:50 arrangement.
The family court will always look at cases on an individual basis and the welfare of the children or child in question will always be at the heart of any and all decisions.
Remember, you cannot split 7 days per week equally and sometimes one parent may get more days with the children than the other, which can be a challenging situation for parents.
However, at the centre of any workable arrangement should be the children and what is in their best interest.
An initial court hearing can take anywhere from 1-3 months to be listed, and as a first step, you will be required to attend a Mediation Information and Assessment Meeting (MIAM) before applying to the court, unless an exemption applies.
These mediation sessions are designed to see if it is possible to resolve matters with the assistance of a mediator.
Understanding Extended Family Care Arrangements
Grandparents do not have an automatic right to apply to the court to see a grandchild in the same way as a parent may apply to see and spend time with their own child.
However, the family court would rarely refuse permission (or leave) for a grandparent to make an application, providing there is no good welfare reason why it should not, providing they can show a close and enduring relationship.
Our expert team has experience in grandparents’ rights – if you need help with your dispute, reach out to our team today.
Get in Contact with Our Child Custody Law Experts Today
Our team helps families resolve issues over child contact arrangements and supports families to grow through surrogacy, donor conception, and adoption. We are home to the most specialist children’s law team in the country, so you can rest assured that we can help you.
To speak with one of our lawyers, call us on 0333 202 6433 or email us at hello@mcalisterfamilylaw.co.uk.