Agreeing on child custody after a separation can be tough. Emotions can ran high and decisions can be made without the best interests of your children in mind.
Our specialist child custody lawyers are here to guide you through the process, help parents and guardians to resolve issues, and set clear guidelines when it comes to the custody of children.
read moreUsing our extensive knowledge and experience, we support clients to reach an amicable solution without a court application, be it through direct communication, negotiation between solicitors or the use of collaborative law.
If an out of court agreement can not be reached, as a last resort, we work with clients to navigate the court process to ensure the best outcome for both them and their children.
Our team of child custody lawyers has worked both parents and grandparents and have dealt with cases of all natures, working to achieve a positive outcome for all.
What are the types of child custody?
Child custody is referred to as a child arrangements order in the UK – an order implemented by the family court to determine post-divorce children matters. Sole custody and joint custody are the main types of custody, with joint custody being preferred. Sole custody can be granted to one parent over the other in cases of abuse, neglect, or parental unfitness. Other types of custody are physical, where the child resides, and legal, governing who holds responsibility for the important decisions concerning the child.
How do I resolve a child custody battle?
Ideally, you and your ex-partner would be able to agree child custody between yourselves. However, family law solicitors are on hand to support with negotiations and guide you through non-court dispute resolution methods such as mediation. Court intervention is a last resort if you cannot reach a compromise.
What child custody laws might you and your partner need to resolve?
Child custody laws can be complicated, but at the centre is the welfare of your child. When you separate or divorce, you’ll need to be aware of laws around contact, who the child lives with, how they spend their time and the responsibility of each parent. For the help you need to reach the best outcome for you and your family, reach out to Stowe Family Law today.
In the UK child custody law determines the person(s) responsible for the care and charge of a child, after divorce or separation. The term custody can also be referred to as residency – indicating the child’s main residence, following parents going their separate ways. In the UK, child custody primarily falls into two categories: sole custody and joint custody.
read moreSole custody means that one parent has the primary responsibility for the child’s care and upbringing. This parent makes the major decisions about the child’s life, such as those concerning education and healthcare.
Joint custody involves both parents sharing the responsibilities of raising their child. This arrangement requires cooperation between the parents as they both contribute to decisions about significant aspects of the child’s life, including schooling, medical care, and general welfare.
Many child custody agreement also includes rules regarding visitation. Visitation dictates when a specific party mentioned in the agreement has the right to visit or spend time with the child, or children, in question.
In the UK, parents may need to resolve issues related to child custody, also known as child arrangements. This includes a variety of different topics, such as:
Coming to an agreement on child custody after a separation requires a sensitive and informed approach. We expertly navigate the legal complexities, advocating for arrangements that serve the child’s best interests and support family stability.
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Child contact refers to the time a child spends with a non-resident parent. It includes both overnight stays and daytime visits. Access, often used interchangeably with contact, refers to the legal right of a non-resident parent to spend time with their child.
Hiring a child custody solicitor is advisable, especially in complex cases where disputes arise over child arrangements. A solicitor can provide legal advice, represent you in court if necessary, and help negotiate agreements that are in the best interests of the child.
The cost of hiring a child custody solicitor can vary depending on factors such as the complexity of the case, the lawyer’s experience, and whether the matter remains uncontested or goes to court. Fees may include hourly rates or fixed fees for specific services like mediation or court representation.
After a divorce in the UK, both parents are encouraged to agree on child arrangements (custody). If they cannot agree, the court will decide based on the child’s best interests. The term “custody” is not commonly used in UK law; instead, decisions focus on residence and contact arrangements.
When unmarried parents separate, the mother automatically has parental responsibility. The father can acquire parental responsibility by jointly registering the birth with the mother, obtaining a parental responsibility agreement, or through a court order. Child arrangements are determined similarly to divorce cases, focusing on the child’s welfare.
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