Child Arrangements

I was the ref. I was the ref they didn`t know about. Deaf and dumb. Invisible as a wall. I wanted no one to win” 

Roddy Doyle

The immediate focus of what happens to children in divorce is through the eyes of their parents. Parents pay family lawyers to resolve disputes about how their children are raised.

Many family lawyers are parents, some have been divorced, but few ever come anywhere close to understanding what the experience of children in divorce and separation might feel like, unless they have experienced it themselves.

We are avidly against the “he said, she said” approach to the practice of family law. We are enthusiastic and motivated to gain an understanding about who our client's children are. 

From that position, our aim is to support our client's tackle the “Live With “and “Time With” exercise, by keeping a continuous eye on  the law , the significant investment that our clients are making in us  their reality and then do our best to predict the future.

Essential Reading

Sections 1-5 of the Children Act 1989

Who has priority?

The child’s welfare shall be the court’s paramount consideration.

Delay

Any delay in determining the question is likely to prejudice the welfare of the child.

Both parents' involvement

Unless the contrary is shown, the involvement of both parents in the life of the child concerned will further the child's welfare.

What the court must focus on

  • The ascertainable wishes and feelings of the child concerned (considered in the light of his/her age and understanding).
  • Physical, emotional and educational needs.
  • The likely effect on the child due to a change in the child's circumstances.
  • The age, sex, background and any characteristics of the child, which the court considers relevant.
  • Any harm which he/she has suffered or is at risk of suffering.
  • How capable each of his/her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child's needs.

Is it necessary to do anything?

Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders, unless it considers that doing so would be better for the child than making no order at all.

We support our clients when asking the court to apply these principles to the following post separation scenarios:

  • Who should the children live with?
  • How much time should each child spend with each parent?
  • Where in England and Wales or the rest of the world should the children live?
  • Where should children be educated?
  • What type of medical of therapeutic treatment is appropriate?

We guarantee that we will always take our clients through this process with compassion and intelligence.

Our Experience

We specialise in the everyday and the difficult, the national and international arrangements and disputes concerning children.

  • Representing parents in dispute over the wish to relocate their children to another part of England (Internal Relocation).
  • Re B (Children)[2015] EWCA Civ 1302 International relocation to Abu Dhabi.
  • Representing parents in dispute over the potential relocation of their children by the other parent to Abu Dhabi, Australia, Denmark, Dubai, France, Israel, North America, Switzerland, Canada, Monaco (International Relocation).
  • Representing mothers who have moved their children from another country without the permission of the father or local court. (UAE, Oman, Kingdom of Saudi Arabia).
  • Representing parents with the management of post separation arrangements for their children where the following are featured: 
    • Addiction
    • Personality disorders, particularly Narcissistic Personality Disorder
    • Parental alienation
    • Mental health issues
    • Controlling and coercive behaviour
  • Supporting mediation and arbitration processes for the resolution of disputes between parents, regarding the post separation arrangements for their children (In England and abroad).

Please follow the specific links below

Talk to us

If you require further information or advice from our team of expert family lawyers, please contact a member of our team or call us on +44 (0) 203 002 5833  Alternatively you can complete our online enquiry form and we will be in touch as soon as possible.

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