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Family solicitors, specialising in child custody agreements

Our child custody lawyers help separated parents, and other family members, reach agreement on where a child lives, how much time they spend with each parent, and who holds responsibility for the important decisions in their life. In England and Wales, child custody matters are dealt with under the Children Act 1989 – covering residence and contact, parental responsibility, and issues such as schooling, relocation, and a child’s surname. The courts may refer to these as child arrangements, but whatever language you use, the principle is the same: Your child’s welfare always comes first.

As the UK’s largest specialist family law firm dedicated to child custody matters, Stowe Family Law has over 90 offices across England and Wales. Our child custody team spans locations including London, Manchester, Leeds, Birmingham, Sheffield, Bristol, and Cardiff. Wherever you are in the country, local specialist advice is within reach.

Ranked as a Leading Firm by both Legal 500 and Chambers & Partners 2026, and named in The Times Best Law Firms in 2026, Stowe’s child custody solicitors are trusted by families across the country. We’re also rated Excellent on Trustpilot, reflecting the care and commitment we bring to every case.

We’re members of Resolution and regulated by the Solicitors Regulation Authority (SRA), which means you can expect honest, measured advice focused firmly on your child’s best interests. Wherever possible, we help parents reach a child custody agreement through direct negotiation, mediation or collaborative law, resolving most cases without the need for court and helping to reduce conflict, stress, and cost along the way.

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Key Child Custody Information

What is child custody?

The current legal terminology in England and Wales is child arrangements. These arrangements cover who a child lives with and who they spend time with or otherwise have contact with. “Child custody” and “access” are common search terms, while Residence Orders and Contact Orders are historic orders that were replaced by Child Arrangements Orders.

What are the types of child custody?

A Child Arrangements Order can specify who a child lives with and when they spend time with or otherwise have contact with another person. It can provide for a child to live with one person or more than one. There is no automatically preferred arrangement or requirement for the child’s time to be divided equally.

What is parental responsibility?

Parental responsibility is separate from child arrangements. It refers to the legal rights, duties and responsibilities involved in making important decisions about a child’s upbringing, including education and medical treatment. Having parental responsibility does not, by itself, determine where a child lives or how much time they spend with each parent.

How do I resolve a child custody dispute?

Parents may be able to agree child arrangements directly or with support from solicitors, mediation or another form of non-court dispute resolution. If an agreement cannot be reached, an application can be made for a Child Arrangements Order. When deciding the application, the court’s paramount consideration is the child’s welfare.

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Child arrangements

A child arrangements order, made under the Children Act 1989, sets out who a child lives with and how their time is divided between parents following separation. The order provides a clear framework that both parents can rely on. For many families, that clarity is what matters most. Our lawyers will work with you and your former partner to reach an agreement directly where possible, always keeping your child’s welfare at the centre. Where that proves difficult, we’ll guide you through the court process with care and experience.

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Rights for grandparents

Under the Children Act 1989, grandparents have no automatic right to contact with a grandchild. In most cases, you will need the court’s permission before applying for a child arrangements order – and once granted, the court will decide what arrangement best serves the child’s welfare. Losing contact with a grandchild is something many families experience, and it can be hard to know where to start. Our solicitors can help you explore mediation or a family agreement first, and support a court application if that becomes the right path forward.

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Mediation

In England and Wales, most people are required to attend a Mediation Information and Assessment Meeting (known as a MIAM) before applying to the family court. Mediation is a voluntary process in which a trained, impartial mediator helps both parties reach their own agreements, whether on arrangements for children, finances, or both. It can feel unfamiliar at first, but for many families it offers a clearer and less adversarial route than going to court. Our lawyers can advise you before and after, so you go in prepared.

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International child law

International child law covers cross-border disputes involving children, including abduction, relocation abroad, and the recognition of foreign court orders. In England and Wales, these cases are dealt with primarily under the 1980 and 1996 Hague Conventions, which set out the framework for securing a child’s return or establishing jurisdiction. These situations often require urgent action, and the legal landscape can be complex. Our lawyers are experienced in acting quickly, working alongside the relevant authorities here and overseas to make sure you have clear, practical guidance when you need it most.

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Divorce

Divorce is the legal process that formally ends a marriage in England and Wales. Since 2022, the no-fault system means neither party needs to assign blame – you apply simply on the basis that the marriage has irretrievably broken down. The process is simpler than it once was, but it can still feel a great deal to manage when you’re going through it. Our solicitors will take you through each stage clearly, from the initial application to resolving finances and arrangements for any children, at a pace that suits your situation.

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Special guardianship

A special guardianship order, granted under the Children Act 1989, gives a named individual parental responsibility for a child until the age of 18. It sits above the birth parents’ rights without permanently removing them, and is most often used when a child cannot live with their parents, but adoption is not the right outcome. Taking on this responsibility is a significant step. Our lawyers will explain what the order means in practice, guide you through the local authority assessment, and support you at every stage of the process.

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Child maintenance

Child maintenance is the regular financial contribution made by the non-resident parent toward a child’s day-to-day living costs following separation. In most cases, the Child Maintenance Service (CMS) will calculate the amount, though parents can also reach a private arrangement between themselves. Sorting out finances after separation can take time, and it’s not always straightforward. Our solicitors can explain how the calculations work, when the court may need to become involved, for example, in relation to school fees or additional expenses, and what your options are if arrangements need to be revisited.

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How to support children through divorce

What does child custody involve?

When a relationship ends, one of the hardest things to work out is what happens next for your children. Where will they live? How often will they see each parent? Who decides on the big things, like schooling or medical care? These questions sit at the heart of child custody – and in England and Wales, they’re formally dealt with through what the courts call child arrangements orders.

No matter what term you use, the welfare of your child comes first. Everything else flows from that. Rather than deciding who ‘wins’, the aim is to reach an arrangement that gives your child stability, security, and a meaningful relationship with the people who matter to them.

In practice, child custody usually covers:

  • Living arrangements: Where your child’s main home is, and whether they split their time between both parents
  • Time and contact: When your child spends time with each parent, including overnight stays, holidays, and special occasions
  • Day-to-day decisions: Who is responsible for the important choices in your child’s life, from education to healthcare
  • Practical matters: Things like a change of school, travelling abroad, or a change to your child’s surname

You don’t need to know the exact legal wording to get help. Our role is to explain what applies to your situation and guide you towards an outcome that works for your family.

Lawyers who can help with child custody and arrangements

Get expert advice and support tailored to your situation from our experienced legal team.

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Lindsey Potter

Senior Associate Solicitor, Liverpool
Divorce Children Cohabitation Domestic Abuse
Lindsey is a Senior Associate based out of Liverpool and the North West.
View full bio

Megan Hannan

Legal Assistant, Derbyshire & South Yorkshire
Divorce Legal Assistant Children Domestic Abuse
Megan Hannan is a Legal Assistant based in the Sheffield office.
View full bio

Elizabeth Hughes

Associate, South Coast & South West
Divorce Civil Partnerships Domestic Abuse Finance
Elizabeth is experienced in a wide range of family law matters, including divorce & finances and cohabitation matters, domestic abuse and private children with a particular interest in negotiating financial settlements.
View full bio

Rosanna Hounslow

Team Leader Partner, London
Divorce Adoption Civil Partnerships Domestic Abuse
Rosanna deals with all areas of family law but has a particular interest in complex children and matrimonial finance matters.
View full bio

Gemma Thew

Team Leader Partner, Surrey, Sussex & Kent
Divorce Civil Partnerships Domestic Abuse Finance
Gemma's methodical approach, coupled with her focus on fully understanding her client's circumstances, means that she delivers a tailored service supporting clients every step of the way.  
View full bio

Phoebe Trott

Associate, East of England
Divorce Adoption Civil Partnerships Domestic Abuse
Phoebe provides specialist legal advice across all aspects of private family law including divorce, matrimonial finances, private children law, cohabitation disputes and injunction matters.
View full bio

Laura Jones

Associate, West Midlands
Divorce Children Domestic Abuse Finance
Laura is an Associate based out of our Birmingham & Lichfield offices.
View full bio

Abi Woollaston

Associate, Surrey, Sussex & Kent
Divorce Children Cohabitation Domestic Abuse
Abi is a Associate based across Surrey, Sussex & Kent
View full bio

Jennifer Hollyer

Team Leader Partner, North East & Yorkshire
Divorce Civil Partnerships Domestic Abuse Finance
Jennifer Hollyer is a Team Leader Partner across North East & Yorkshire.
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Emma Gibson

Senior Associate, West Midlands
Domestic Abuse Grandparents' Rights Resolution Member
Emma qualified as a solicitor in 2008 and throughout her legal career she has worked exclusively in the area of family law.
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Shivi Rajput

Team Leader Partner, London & East of England
Divorce Surrogacy Civil Partnerships Domestic Abuse
Shivi is a Team Leader Partner working across Stowe's East of England and London offices.
View full bio

Beth Courtney-Walker

Senior Associate, North East
Divorce Civil Partnerships Domestic Abuse Finance
Beth is a Senior Associate working across the North East.
View full bio

Luanne Morton

Partner, East Midlands
Divorce Civil Partnerships Domestic Abuse Finance
Luanne has a pragmatic approach to resolving issues between parties whilst offering clear and practical advice.    
View full bio

Angela Traynier

Team Leader Partner, North West, Yorkshire & Greater Manchester
Divorce Civil Partnerships Cohabitation Domestic Abuse
Angela is a Team Leader Partner in Manchester. Working across the North West, Yorkshire & Greater Manchester.
View full bio

Zanariah Webster

Senior Associate, London
Divorce Civil Partnerships Domestic Abuse Finance
Zanariah is a senior associate in Stowe's London locations.
View full bio

Victoria Sturt

Solicitor, South West, Oxfordshire & South Wales
Divorce Children Cohabitation Finance
Victoria is a solicitor based out of our South West, Oxfordshire & South Wales offices.
View full bio

Amy Langford

Team Leader Partner, South Coast & South West
Divorce Domestic Abuse Finance Grandparents' Rights
Offering practical and realistic advice, I strive to help clients manage any long-term financial and emotional consequences of all family law matters, including divorce and child arrangements.      
View full bio

Samantha Farndale

Partner, London & East of England
Divorce Adoption Civil Partnerships Domestic Abuse
Dedicated to resolving matters in a constructive and cost-effective fashion, I have experience in a broad range of family law matters including divorce, finances, child arrangements, and nuptial agreements.
View full bio

Emily Davies

Associate, North West
Divorce Domestic Abuse Finance Grandparents' Rights
Emily will always take a pragmatic approach and ensure her client's feel supported through the process.
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Sarah Sowden

Senior Associate, North Yorkshire
Divorce Civil Partnerships Domestic Abuse Finance
Dedicated and proactive, Sarah ensures the client’s objectives are clearly understood before achieving the best possible outcome by applying a strategic approach tailored to each client.
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View all solicitors

What are the different types of child custody?

Current child-arrangements law focuses on who a child lives with and who they spend time with or otherwise have contact with. Older custody terminology is explained below.

What are the different types of child custody?

Current child-arrangements law focuses on who a child lives with and who they spend time with or otherwise have contact with. Older custody terminology is explained below.

  • Who a child lives with

    A Child Arrangements Order can specify who a child lives with and when. It may provide for the child to live with one person or more than one, but this does not necessarily mean their time will be divided equally. “Custody” is a common search term, while “residence” is associated with the historic Residence Order.

  • Who a child spends time with or otherwise has contact with

    A Child Arrangements Order can specify when and how a child spends time with or otherwise has contact with another person. This may include visits, overnight stays or indirect contact. “Access” is an older, informal search term. “Contact” remains part of current legal terminology, although the Contact Order itself is historic.

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How are child custody disputes resolved?

If you and your ex-partner can agree between yourselves, that’s almost always the best outcome for everyone – especially your child. An agreement you’ve reached together tends to be more flexible, less stressful, and easier to adjust as your child grows.

But agreeing isn’t always easy, and there’s no shame in needing support to get there. Emotions can run high, and it’s common to reach a point where progress feels stuck. When that happens, there are several routes forward, and going to court is very much the last of them.

How are child custody disputes resolved?

If you and your ex-partner can agree between yourselves, that’s almost always the best outcome for everyone – especially your child. An agreement you’ve reached together tends to be more flexible, less stressful, and easier to adjust as your child grows.

But agreeing isn’t always easy, and there’s no shame in needing support to get there. Emotions can run high, and it’s common to reach a point where progress feels stuck. When that happens, there are several routes forward, and going to court is very much the last of them.

  • Talking it through

    Sometimes a conversation, with the right guidance, is enough. A solicitor can help you understand what a fair and workable arrangement might look like, and negotiate on your behalf if speaking directly with your ex-partner feels too difficult.

  • Mediation

    If direct discussion hasn’t worked, mediation is often the next step. A trained, neutral mediator helps you and your ex-partner focus on the practical questions and keep the conversation constructive.

    • Mediation is usually less stressful (and less costly) than going to court
    • If being in the same room feels too much, shuttle mediation allows you to sit separately while the mediator moves between you
    • In some cases, and only where both parents agree it’s suitable, the child’s own views can be included in the process

    Before you can apply to court, you’ll normally need to attend a Mediation Information and Assessment Meeting (MIAM). A mediator signs this off as evidence you’ve explored resolving things out of court. There are exemptions, for instance in cases involving domestic abuse.

  • Collaborative law

    Collaborative law offers another out-of-court option. You and your ex-partner each have your own solicitor, but everyone commits to resolving matters through a series of round-table meetings rather than litigation.

  • When court becomes necessary

    If every other option has been exhausted, you can apply to the family court for a child arrangements order. Courts prefer parents to reach their own agreements wherever possible, and will generally only step in when there’s no other way forward. Even then, the focus remains firmly on what’s best for your child.

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Navigating the Conversation: Telling Your Children About Your New Partner After Divorce

What child custody laws might you and your partner need to resolve?

In the UK, parents may need to resolve issues related to child custody, which is now known as child arrangements. This includes a variety of different topics, such as:

  • Where your children should live
  • When your children should see you and your ex-partner, and when they should stay with each of you overnight
  • Financial arrangements – contributions to the cost of bringing up your children in a fair way
  • A potential change of the children’s names
  • What school your children should attend
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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.

Maya Bhatiani, Team Leader Partner
Cohabitation and family law reform update

How does the court decide what’s best for a child?

If a decision does reach the family court, it isn’t made on the basis of who asks most persuasively or who earns the most. The court applies what’s known as the welfare principle, meaning your child’s welfare is the paramount consideration, above all else.

To reach a decision, the court works through a welfare checklist set out in the Children Act 1989. This includes, but isn’t limited to:

Your child’s wishes and feelings: Considered in light of their age and understanding

  • Their needs: Physical, emotional, and educational
  • The effect of change: How any change to their circumstances might affect them
  • Their characteristics: Age, sex, background, and anything else the court considers relevant
  • Any risk of harm: Whether your child has suffered, or is at risk of suffering, harm
  • Each parent’s capability: How able each parent (or anyone else involved) is to meet your child’s needs

The court weighs these factors together rather than treating any single one as decisive.

Client success stories

Leeds: Father secures return order after child relocated without consent
3 September 2026

Leeds: Father secures return order after child relocated without consent

One father came to our child arrangement experts in Leeds as his young child had been collected from school and moved across the country by the child’s mother, without his knowledge or agreement. He came to us for professional support. Thanks to our expertise, both parents now share the child arrangements.

Read full story
Manchester: Father gains full custody after false abuse allegations
3 September 2026

Manchester: Father gains full custody after false abuse allegations

A father came to our child law team in Manchester after spending considerable time trying to resolve his child law matter himself. His daughter’s mother stopped permitting visits, and he began representing himself in court proceedings but made little progress. He reached out to us for expert advice and the final result was a complete reversal of where things had started.

Read full story
Windsor: Divorce settlement reached through mediation & consent order
15 June 2026

Windsor: Divorce settlement reached through mediation & consent order

After leaving another firm due to unhappiness, a client turned to our legal team in Windsor help achieve a successful and cost-effective outcome through divorce mediation. The divorce mediation was successful, and our approach meant both parties agreed on settling the divorce out-of-court – saving everyone time, stress, and additional costs.

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Tunbridge Wells: Securing equal child arrangements in tricky divorce
15 June 2026

Tunbridge Wells: Securing equal child arrangements in tricky divorce

Our Tunbridge Wells legal team helped a client when an informal child arrangements quickly broke down. We advised them to help protect their relationship with their children and create a fair arrangement focused on their best interests.

Read full story
Esher: Supportive advice in child arrangements case
5 November 2025

Esher: Supportive advice in child arrangements case

Our legal team in Esher helped a parent through a challenging child arrangements case, providing clear advice and compassionate support to achieve the best outcome for their child. The client achieved the outcome they had hoped for, that prioritised their child’s stability and wellbeing.

Read full story
St Albans: Resolving child arrangement challenges after separation
28 October 2025

St Albans: Resolving child arrangement challenges after separation

Feeling overwhelmed by the court process and an uncooperative ex-partner, a client struggling with child arrangements reached out to us for help. Our St Albans legal team helped them navigate the legal system and achieve a fair and practical outcome for their children.

Read full story

Why choose Stowe Family Law?

  • Our expert team offers clear, practical advice so you can make informed decisions about child arrangements and the next steps for your family.

  • We are proud to be rated ‘Excellent’ on Trustpilot. Check out our reviews to see what our previous clients have said about our service.

  • We feature in The Legal 500 rankings and are fully authorised and regulated by the Solicitors Regulation Authority (SRA).

  • We keep you informed. Take a look at our support section, which features a range of helpful guides, focusing on important topics including finances and mediation.

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Let's ask Anon

Super nice solicitor, Amy, professionally and personally, who listened to all my queries and was so supportive during the quite distressed emotional state I found myself in. She was very helpful in explaining everything that I was very unfamiliar with, in easy to understand terms. I really appreciated her help, and strongly recommend to other peopl… Read moree in a similar situation.

Let's ask Ms B

Beth Sheridan [is an] Amazing solicitor. Kept me updated every step of my case, answered any questions I had, with great communication, support and advice. Beth was always there when I needed her help. She really looked after me and eased my stress to nothing. Trusted her 100 %. Cannot recommend her enough.

Let's ask A Stephans

Excellent service Thank you so much to Kamila Cyran who looked after me and got me through the process, answered anything I wanted to know and was very clear and straight forward with information

Let's ask Legal 500

Louise Chipchase is brilliant. She has a ‘no nonsense’ approach which clients and opponents alike both appreciate and respect.

Let's ask Legal 500

Claire Cleary provides specialist advice in complex and high net worth cases. Calm, focused and unflappable.

Let's ask Legal 500

[the team] ‘work with each client individually to achieve the best outcome for the client. They work in a holistic way with other professionals and provide support opportunities beyond the purely legal through referrals and workshops and seminars with coaches and other partners.‘

Let's ask Martin

I cannot speak highly enough of Sarah McLoughlin and the exceptional service she provided throughout my family court matter. From the very beginning, Sarah demonstrated a deep understanding of family law, an unwavering commitment to my case, and a genuine care for both my well-being and the best interests of my child. Her professionalism, attention… Read more to detail, and calm, reassuring approach gave me confidence at every stage. She took the time to truly listen, explain every step of the process clearly, and always made sure I felt supported. Sarah’s dedication and tireless effort made a real difference during the most challenging time in my life. Thanks to her expert advice and strategic handling of my case, I genuinely could not have asked for a better solicitor. I would wholeheartedly recommend Sarah McLoughlin to anyone needing strong, compassionate, and effective representation in family law.

Let's ask E Demir

From beginning to end it was absolutely amazing how everyone worked really well. As we all know this is very unlikely outcome where I manage to see my kids in less then 5 weeks. Once again thank you so much for everything. So glad we chose to work with yourselves
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The ADHDers introduction to divorce

What is parental responsibility?

Parental responsibility is the legal term for the rights, duties, and responsibilities a parent has for their child. It covers the significant decisions in a child’s life – where they go to school, consent to medical treatment, and more – and it sits closely alongside any question of custody.

Who holds it depends on your circumstances:

  • A mother automatically has parental responsibility from birth
  • A married father shares it automatically
  • An unmarried father can acquire it by being named on the birth certificate (for births registered after December 2003), by entering into a parental responsibility agreement with the mother, or through a court order

If you’re separating and weren’t married, questions of custody are still decided in the same way as for married couples – with your child’s welfare at the centre. Who your child lives with and how they spend their time is treated no differently.

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When should you seek legal advice?

There’s no single right moment, and you don’t need to wait until things have broken down completely. Many parents find that getting clear, early advice helps them avoid unnecessary conflict and understand where they stand before any decisions are made.

It’s often worth speaking to a solicitor when:

  • You and your ex-partner can’t agree on where your child should live or how time is shared
  • Custody arrangements you’d previously agreed have stopped working, or aren’t being honoured
  • You’re worried about your child’s safety or wellbeing
  • Your situation is more complex. For example, one parent wants to relocate, there’s an international element, or social services have become involved

Legal advice isn’t only for parents. Grandparents and other relatives can also play an important role in a child’s life and may need advice about child arrangements.

Common questions on child custody

Common questions on child custody

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Maya has expertise in handling a range of complex matters involving children and high-net worth clients.

Date last reviewed: 11/09/2026

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