Child Arrangements

In England and Wales, child arrangements, often referred to as “residency” or “custody” determine who should be responsible for the care of a child after a divorce or separation. Many parents opt for joint residency or custody, allowing children to spend equal or allocated time with each parent after divorce. As well as child arrangement orders, there are a variety of other orders the court can make, in the absence of agreement which reflect financial support and enable both parents to participate in decision-making, such as selecting schools or healthcare and medical treatment.

If child arrangements can be agreed amicably, there is no need to go to court. The court process can also be terminated at any stage if an agreement is reached. However, if parents cannot agree, the courts will decide on their behalf. It’s advisable to consult with child law solicitors to navigate this process effectively. At Edwards Family Law, we will help you through every step of this process and endeavour to find an amicable solution between all parties involved.

If you wish to move to another part of England and Wales you need to have the agreement of anyone with parental responsibility.  If that is not agreed then you will need the permission of the court.  If you want to move, or have been told your ex-partner wants to move with your child, then you need to consider carefully the impact this will have on the other parent’s relationship with the child and whether it can be made to work. 

​

If it cannot be agreed, the court will consider what is in the child’s best interests.  This will largely depend on the reasons for the move, and the specifics of what is being suggested in terms of schooling and plans to see the other parent.  

Parental responsibility can only be removed in specific circumstances, usually requiring an application to the court. The court will only remove parental responsibility in exceptional cases. If a parent has concerns about their child’s welfare, other options are available, such as obtaining a child arrangements order, a specific issue order or a prohibited steps order.>> At Edwards Family Law we have helped many parents over the years in ensuring they are doing what is best for their children – from helping fathers who are being completely prevented from seeing their children, to ensuring arrangements are in place to ensure the safety of a child when travelling to countries that are not party to the Hague Convention.