Fighting for Fathers – And Mothers – Child Custody Lawyers

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Fighting for Fathers – And Mothers – Child Custody Lawyers

If you’re divorcing or separating from a partner, your primary concern may be who has custody of your child or children. Child custody lawyers help you navigate the legal complexities of child residency, care, contact, and responsibilities during this challenging and emotional time, guiding parents toward amicable solutions that are in the best interests of their child or children.

What is Child Custody?

Child custody (now legally referred to as ‘child arrangements’ in the UK) refers to a Live with Order, the residence, care, and upbringing of a child or children following a divorce or separation.
These arrangements can be made privately or through the court via a Child Arrangements Order. Child Arrangements Orders aim to prioritise the child’s needs and welfare rather than the parents’ desires.

Child custody arrangements will consider things like:

• Who your child should live with.
• How much time the child will spend with and have contact with each parent.
• How important decisions regarding the child will be made (i.e., schooling, care, religious, and medical decisions).
• What financial contributions each parent will make to the child’s upbringing.

What are the different types of child custody arrangements?

There are two primary types of Child Arrangement Orders – sole custody and joint custody.

Sole custody (Live with)

Sole custody is when one parent is given primary responsibility for the child.
This means they’re solely responsible for providing the child’s main residence and care and have control over major decisions, such as their education and medical treatments. So, while the other parent may still have some contact rights, their involvement in major decisions regarding the child is heavily restricted.
These days, sole custody is rarely granted by the court. It’s usually reserved for cases where one parent is deemed unable to provide safe care. For example, if the parent has a criminal record, a history of child abuse or neglect, or an active addiction. Other factors, such as parental alienation or homelessness, are also influential.

Joint custody (Live With)

Joint custody describes an agreement in which both parents share the parental responsibilities of the child’s care and upbringing, and have a say in major decisions about the child’s life.
Contrary to popular belief, this doesn’t necessarily mean that residency will be split 50/50. It could be that the child lives with one parent during the week, and the other during alternate weekends and/or holidays.
The court takes into account your individual circumstances – and most importantly, the best interests of the child – when deciding how to proceed.

Resolving child custody arrangements in and out of court

Reaching agreements outside of court is preferable. However, if situations turn ugly or there are concerns about the child’s welfare, going through the family courts may be unavoidable.

Agreeing on an arrangement outside of court

While it’s not always possible when relationships break down, ideally, you and your ex-partner will come to a mutual arrangement without the involvement of the court. This protects the child’s emotional well-being, reducing the stress, conflicts, financial burdens, and delays involved with rigid court proceedings. It can also lead to more flexible, collaborative arrangements.

It’s advised that you enlist the services of child custody solicitors or lawyers to help you collaboratively mediate and negotiate if you’re struggling to reach a decision amicably. Your lawyer will make sure that your agreement is legally binding.

Resolving arrangements in court

The court will expect you and your ex-partner to have attempted to make suitable arrangements outside the court before submitting a Child Arrangements Order request. There are some situations where this is negated (such as in cases of domestic abuse or if there is an urgent risk to life).

If you can’t reach a decision outside of court, your next step would be to apply for a Child Arrangements Order through a family court.

In most cases, you’ll have to attend a Mediation Information Assessment Meeting (MIAM) before submitting a form to the court. If a resolution hasn’t been made in the MIAM, you’ll then attend a First Hearing Dispute Resolution Appointment (FHDRA), followed by a Dispute Resolution Appointment and, ultimately, a final hearing.

The court process is a lengthy, complex affair that is incredibly sensitive, stressful, and emotionally charged. It’s advisable to seek legal advice, support, and/or representation from child custody solicitors or lawyers.

What factors are considered when deciding custody arrangements?

When making child arrangement decisions, the court will refer to the welfare checklist within the Children Act 1989. The welfare checklist aims to balance consistency with discretion while prioritising the most important factor in any child custody case – the child’s welfare.

Family courts strive to make decisions that reflect the unique circumstances of every situation, using the following factors in their judgment:

• The child’s welfare, specifically their physical and emotional needs and safety.
• The child’s wishes and feelings, in their own words and in the context of their age and level of understanding.
• The child’s age, sex, background, and any other potentially relevant characteristics.
• The ability of each parent (and other relevant individuals, such as stepparents) to care for the child, meet their emotional and physical needs, and make major decisions in the child’s best interests.
• Any allegations or potential risk of abuse, neglect, or violence.
• Where the child currently lives, how long they’ve been living there, and whether they’ve made stable roots.

How can child custody lawyers help you?

Child custody solicitors and lawyers offer a range of legal services to support parents during this difficult time, minimising stress and conflict for everyone involved.

Mediation

Family mediation aims to resolve child custody disputes outside of the court, when it’s safe to do so. You and your child’s other parent meet with an independent mediator, who helps you constructively explore, negotiate, and come to a mutual agreement on your child’s care.
Child law solicitors can recommend/offer mediation services, help you represent your case during meetings, and guide you through the mediation process.

Court hearings

Should you need to go to court, child custody solicitors and lawyers will help you throughout the journey. They offer expert legal advice, can prepare you for dispute resolution appointments and hearings, represent you in court, and advocate for your child’s welfare.

Dispute resolution

Sometimes, two parents agree on some aspects (such as where the child should live) but dispute other aspects, such as whether they can take extended holidays abroad. When communication breaks down and disputes arise, child custody solicitors and lawyers offer tailored family dispute resolution services to help you reach an agreement.
If the dispute can’t be resolved amicably, parents can apply for a Specific Issue Order or a Prohibited Steps Order through the court. Specific Issue Orders resolve a specific dispute. A Prohibited Steps Order prevents a parent from taking a specific action (e.g., taking the child abroad, moving to a distant part of the UK or changing their surname) without the other parent’s permission.
In both cases, child custody solicitors and lawyers can guide you through the process.

Child maintenance

Child maintenance, also known as child support, is often a point of conflict that causes emotional and financial stress. While both parents are responsible for the costs of raising their children, disputes can arise about how much should be paid.
A solicitor or lawyer can step in to communicate each parent’s rights and responsibilities. They can also help you settle child maintenance disputes privately or, if an agreement can’t be made, under the guidance of the Child Maintenance Service.

Parental responsibility

Modern family dynamics are complex, and legislation can be confusing. Child custody solicitors and lawyers offer expert advice to stepparents, guardians, unmarried parents, same-sex couples, and surrogates who are confused about their legal rights and responsibilities in a child’s upbringing.
Family solicitors and lawyers can also assist in helping you gain, limit, or remove parental responsibility in alignment with your unique circumstances and the law.

Special guardianship orders

Grandparents, close relatives, or other people with a close relationship to a child may seek a Special Guardianship Order in some circumstances. This grants them parental responsibility for a child under 18.
If you wish to apply for a Special Guardianship Order, a child custody solicitor or lawyer will work with you to evaluate your eligibility in light of the circumstances in which you want to apply. From there, your lawyer can help you through the assessment and court processes.

Choosing Hylton-Potts Legal Consultants to resolve child custody arrangements

Child custody battles are emotionally challenging for everyone, most of all the children involved. At Hylton-Potts, we strive to provide compassionate, practical legal advice and support that’s rooted in decades of extensive experience as well as genuine care for your child’s well-being.

Our dedicated team are experts in UK child custody law. We can guide and support you through mediation, disputes, court proceedings, child maintenance, and many other child arrangement matters, no matter how complex.

Here, we don’t treat every case the same. We’re passionate about you, your family, and achieving the best outcome for everyone.

Plus, we offer highly competitive, guaranteed fixed fees as well as free legal advice via email and our helpline, making us cheaper and better than child custody solicitors. There’s no need to worry about your financial circumstances holding you back from accessing the best legal representation and support in the UK.

Contact Hylton-Potts Legal Consultants today – we’re confident that our experienced lawyers can help you navigate and resolve child custody disputes.

FAQs on Child Custody Legal Services

How much does a child custody lawyer cost?

This depends on the firm you choose, the services you require, and the complexity of your case. Unlike many other law firms and solicitors, Hylton-Potts offers fixed fees per service. Applications for residence, contact, parental responsibility, child maintenance, and specific issue orders are priced at .  Advising during a remote Zoom call, having read the relevant documents is , which is then deducted from the if you go ahead.

What is child contact and access?

Child contact and access describes how children are allowed to spend time with a non-resident parent. This could stipulate direct contact (such as face-to-face visits) and indirect contact (such as Face Time, WhatsApp, phone calls or emails). There may be terms and conditions for access depending on the circumstances, such as visitation times, locations, and supervision necessities.

Who gets custody of children after a divorce or separation?

Both parents may have the right to joint custody in the event of a divorce or separation. If parents are unable to come to an agreement independently, they might enlist the services of child custody solicitors, lawyers or mediators. Then, if all other options are exhausted, the court will decide who gets custody based on various factors.

How do child custody laws work for same sex couples?

Although treated equally in the eyes of the law, child custody can present unique challenges for same-sex couples. In a civil partnership dissolution, both parents of the child automatically have parental responsibility. In an unmarried same-sex relationship, the non-biological parent has to apply for a parental responsibility agreement before commencing a Child Arrangements Order.

What are a father’s rights to custody of children in the UK?

Fathers have the same rights as mothers in the UK. This means they have parental responsibility and the right to contact and seek custody of their children, provided there are no risks. However, we’d advise that fathers seek specialist advice to ensure they’re represented fairly. Hylton-Potts works closely with Families Need Fathers to fight for fathers’ rights to contact and custody.

Is child custody handled differently if a couple were never married or in a civil partnership?

Mostly, no – but there are a few technicalities. While unmarried mothers are automatically granted parental responsibilities (which gives them rights to seek legal custody), unmarried fathers must be named on the birth certificate or apply for a parental responsibility order before being given the same rights.

What is a Child Arrangements Order?

A Child Arrangements Order is a legal order determined by the court. It stipulates where a child will live, when and how often they can spend time with each parent, and when and what types of contact they can have. If possible, many parents resolve these issues privately, as obtaining a Child Arrangements Order can result in a lengthy, emotionally challenging court process.