Child custody lawyers

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 – who the child lives with – and contact – who the child spends time with – 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 for unmarried couples are determined similarly to divorce cases, focusing on the child’s welfare.

Courts will only wish to get involved with issues concerning children when all other options have been exhausted. 

In an ideal world, parents would be able to agree about how the children will spend time with each of them. However, for several reasons, this is not always possible. 

There are several tools available on the Cafcass website, which can help to focus parents on the elements of looking after a child which should be agreed on. 

There are a number of options available when parents are having difficulties reaching an agreement regarding the care of their children. 

If you have tried to reach an agreement but cannot, it can be helpful to speak to a solicitor and seek advice as to what could be a suitable arrangement. 

If there are still difficulties in agreeing then the next step would be to try mediation. 

Mediators are specially trained in assisting parents in coming to an agreement, and it can be a much less stressful process. 

A qualified mediator will try to ensure that the conversation remains focused, and it can often reduce any animosity between you. 

There is the possibility of shuttle mediation if  you do not want to be in the same room as the other parent. Some mediators will now involve the child in the process if the parents agree that it is suitable for them to do so. 

If negotiation either by solicitors or through mediation is not successful, the final alternative would be to make an application to the court. Unless you are subject to specific exemptions, you will require a document (known as a MIAM) to be signed by a mediator as evidence of your attempt to resolve the issues. 

The court will make its decision based upon what is in the best interests of the child. 

When deciding on arrangements for a child, the court has to be mindful of the welfare principle and the welfare checklist. 

The welfare checklist requires the court to have regard to (but not limited to) the following: 

• The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); 

• Their physical, emotional and educational needs; 

• The likely effect of any change in circumstances; 

• Age, sex, background and any characteristics which the court considers relevant; 

• Any harm which they have suffered or are at risk of suffering; 

• How capable each parent, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs.

Our child custody lawyers are recognised for helping parents resolve disputes relating to where children live, how much time they spend with each parent and other important arrangements. We are highly regarded by Legal 500 and Chambers for our expertise in children law and our child-focused approach.

In 2026, our regional rankings include:

Yorkshire: Band 2 chambers & Tier 2 Legal 500: Beverley, Harrogate, Huddersfield, Ilkley, Leeds, Middlesbrough, Sheffield, Wetherby, York

East Midlands: Band 2 chambers: Derby, Leicester, Lincoln, Nottingham, Peterborough, Stamford

West Midlands: Tier 2 Legal 500: Birmingham, Leamington Spa, Lichfield, Solihull

North East: Band 2 chambers: Durham, Newcastle, North Shields, Sunderland

South East: Tier 2 Legal 500: Berkhamsted, Stony Stratford, Milton Keynes, St Albans

Wales: Tier 2 Legal 500: Cardiff, Swansea