Child Custody Solicitors
Specialist Child Custody Lawyers
Our expert child custody solicitors are specialists in helping parents carefully navigate the legal and practical implications of who a child should live with following separation.
“Osbornes is a power house of a family firm. They are robust but realistic and client focused.”
“Osbornes has incredible strength in depth across every area of family law, from public law children and child abduction proceedings, through to adoption and surrogacy, and private client work”
Securing the most suitable child custody arrangements after a separation can be distressing for everyone involved. We understand the welfare of any child caught up in a relationship breakdown or divorce needs protecting, and you will be seeking the best outcome for them.
At Osbornes Law, issues around child custody need careful and sensitive handling. Our expert child custody solicitors are specialists in helping parents carefully navigate the legal and practical implications of who a child should live with following separation.
Though the term ‘child custody’ is still commonly used, English law has evolved in the last few decades. Following legislative changes introduced by the Children and Families Act 2014, the formal term ‘child arrangements’ used is used by lawyers to refer to legal arrangements concerning children.
Complex cases
Our family lawyers are known for their creative approach in the most challenging and complex child custody cases, including where allegations of domestic abuse have been made against a party.
Frequently, the task of settling child custody arrangements involves important financial considerations, ‘blended’ and extended families and cross-border issues.
At Osbornes Law, we are experienced in negotiating child custody arrangements after divorce or separation, including international divorce. We can help to ensure children continue to see both their parents and extended family members, and their financial needs are met.
Children first
Your children’s welfare must be paramount to any child custody decisions you make. This ‘welfare principle’ is the court’s key consideration if a judge has to make any child-related orders.
Once we have discussed your circumstances and wishes, we will advise you on the legal position. The factors to be considered under the Children Act 1989 are wide-ranging, from the age and sex of each child to their own wishes and feelings on matters. Older children may have their own interests and needs which must be accommodated. For example, we have experience in negotiating arrangements for gifted children whose training programmes and competitive schedules had to be taken into account.
Where children can live and stay
Living arrangements for children is a significant consideration when parents separate. Aside from the emotional aspects, the family home will often be one of the largest assets in the negotiation of a financial settlement after a divorce.
If you cannot agree amicably over the children’s living arrangements, we will advise you on family mediation and how best to prepare for this. If mediation does not lead to a resolution, we can advise and represent you during court proceedings. In most circumstances, it will be necessary for you to attend mediation before court proceedings can be issued.
The housing needs of the children are dealt with as part and parcel of the financial settlement on divorce. If the matrimonial home needs to be sold, it may be possible for the sale to be postponed until the children are adults.
We can advise you on your options and what will best suit your needs. If you are not married and are concerned about the housing needs of your children, we can advise you on a possible application under the Children Act for a housing fund.
Financial provision for children
If you and your partner have separated, whether or not you were married, there is an ongoing obligation to provide for your children.
Generally, in the UK, the parent who has custody of the children will receive monthly child maintenance payments towards their upkeep from the other parent. Our lawyers will be able to advise you on what amount of money is appropriate given your own family circumstances. This will consider income, how many children there are and how many overnight stays the children have with each parent.
We will always endeavour to reach an agreement with your former partner. However, if an agreement is not possible, you can apply to the Child Maintenance Services (CMS) which will only become involved if both parents reside in the UK. The CMS will calculate the money that needs to be paid, and if necessary, they may be able to recover payments directly from your former partner’s employer.
For paying parents, any income you receive over £3,000 gross per week will not be included in a CMS assessment. However, your former partner can take you to court for a top-up in maintenance or lump sum payments. The court is not restricted in what income or assets it can consider, including trust funds.
What is a Child Arrangement Order?
A child arrangement order is a court order that sets out child custody arrangements and other arrangements in respect of the children. It may dictate where a child will live and when they will spend time with each parent. It can cover several different aspects, including:
- Who the child will live with primarily
- When the child will spend time with each parent, for example, after school, at weekends and during school holidays
- Whether conditions are attached to visits, for example, if visits should take place with a supervisor present or at a certain time
- When the child spends time with other family members, such as grandparents or siblings
- The type of contact that can take place outside of visits, such as phone calls and text messages
- The arrangements for contact if one parent lives overseas
Who can apply for child custody?
Typically, a child’s biological parent will seek child custody by applying for a child arrangement order on divorce or separation. However, that is not always the case. Any party to the marriage and anyone the child has lived with for at least three years can also apply.
This allows step-parents and other family members to seek a child arrangement order. For example, grandparents may apply if they have played a significant role in the child’s life and feel their access is unfairly restricted.
What is the process for applying for child custody?
The first step is to try to agree child custody arrangements with the other parent. You must attend a Mediation Information and Assessment Meeting (MIAM) if you cannot do this. This is where you will meet with a mediator to discuss the possibility of resolving your differences amicably.
As with other aspects of divorce, mediation is usually a cheaper and quicker option than going to court.
Will there be a court hearing?
If mediation is unsuitable or does not work, you can apply to the court for a child arrangement order to resolve the child custody issues. The first step is to complete the relevant paperwork, which includes an application form and a statement of facts. You must also pay the court fee, which is currently £232. Child arrangement orders are legally binding, so if you have not consulted with a solicitor during your separation, this is the time to do so.
There will be several court hearings where a decision on the arrangements will be made. All parties to the proceedings must attend the hearings.
What will the court consider?
Each child arrangement order is decided on the circumstances of the individual family; there is no standard order in child custody cases. The child’s welfare is always the paramount consideration, and the court will make an order it believes is in the child’s best interests.
Beyond this guiding principle, the court may take into account:
- The wishes and feelings of the child (if the child is of an appropriate age)
- The child’s physical, emotional and educational needs
- The likely effect of any change in circumstances on the child
- The ability of each parent to meet the needs of the child
- Any risk that one parent may pose to the safety or welfare of the child by their behaviour
The court has overall discretion as to what order for child custody it will make.
How long does an order for child custody last?
A child arrangement order lasts until the child reaches the age of 16. However, the arrangements set out in this order can be changed with the help of a solicitor if both parents agree. If one parent wishes to vary the order, but the other does not, they will need to apply to the court for permission.
What happens if the child arrangement order is breached?
If one party breaches the order setting out child custody and contact, it is possible to ask the court to enforce it. The court will schedule a preliminary hearing to determine why the order is not followed and decide what action to take. This may involve referring the parents to mediation or fining a parent who failed to comply without a reasonable excuse. A reasonable excuse could be that the child wasn’t well or transport problems prevented the parent from complying with the order. The Court will not make an Enforcement Order if the parent in breach can prove they had a reasonable excuse.
In very serious cases, the non-compliant parent may be imprisoned for contempt of court. Our advice to those in a dispute about child custody arrangements is:
- Tackle the issue as soon as possible, as child custody and child contact matters take time to resolve.
- Attempt to agree a plan between yourselves, but be wary if the other parent’s proposals fall far short of offering you reasonable time and if they take several days to reply.
- If you cannot agree, your solicitor can write to the other parent, asking them to agree child custody and contact
- If this fails, virtual mediation is worth considering; virtual and not face-to-face can take the heat out of the situation. Propose this through your solicitor and clarify when you need a response. Note that the court does not require you to attend mediation – the requirement is only to meet with a mediator on your own to find out about mediation and discuss whether that is a possible route for your case.
If this still does not resolve things, you must apply to the family courts to deal with the child custody and contact arrangements. If the matter concerns the summer holidays specifically, your solicitor can seek an urgent hearing, but the likelihood is that you could be waiting eight or more weeks.
How does a child arrangement order work if one parent wants to move abroad?
In an international divorce, the court in the UK can issue orders setting out where the child will live and how they will maintain contact with both parents, even if they reside in different countries. But if one parent wishes to relocate abroad with the child, they must obtain either the other parent’s consent or permission from the court. Enforcement of orders around child custody in other countries may depend on the UK’s international agreements with the country in question.
How Osbornes can help you with child custody
The first thing to do is to contact us. One of our expert lawyers will take a history of your circumstances and discuss your desired outcome. They will then explain your options, likely timescales, and costs involved.
Our lawyers, all accredited members of Resolution, aim to maintain a civil relationship with your former partner. We also have several specialist solicitors who are accredited members of the Law Society’s Children Act panel and can support you through court proceedings if required. We will advise you on your rights and options. We will negotiate firmly on your behalf to obtain the best agreement regarding your children’s living arrangements, financial provision, and implications for the family home.
If you have a prenuptial or a post-nuptial agreement, we will need to see a copy of this document. If you are overseas or outside London, we have high-speed video conferencing facilities and a full online service to ensure you are kept up-to-date and fully appraised of your case and legal options.
Contact us
If you need specialist legal support with child custody matters, contact our specialist lawyers who can make urgent application to court for child arrangement orders if it becomes necessary.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Child Custody FAQs
How has the approach to child custody evolved in UK law over the centuries?
The Chancery courts heard applications relating to minors in the 15th century. Children were made Wards of Court where the crown took on responsibility for young, orphaned heirs and their property. This system was later evolved to prevent young lovers eloping to Gretna Green to marry against their parents’ consent. Children can still be made Wards of Court today in unique situations shall as children are removed from the jurisdiction of England and Wales. However, I do not intend to discuss this for the purposes of this blog.
The concept of custody and access developed from the 1800s.
The custody of children was first the subject of parliamentary action in 1839. A mother was able to petition the courts for custody of her children up to the age of seven, and for access in respect of older children. Previously mothers had no rights at all over their children if the marriage broke down.
From 1860 upon marriage, a husband was legally responsible for the actions of both his wife and children, therefore he was allowed to physically and verbally chastise them in order to control their behaviour.
The law evolved in a more progressive manner. In 1873 principle for deciding custody was the needs of the child rather than the rights of either parent.
From 1878 women who were the victims of male violence in marriage were given protection from the magistrates’ courts. Wife beating was prohibited in London between the hours of 10pm and 7am albeit the logic was that the noise kept the neighbours awake rather out of concern for the women.
Residence and Contact
The law was due for an overhaul and in 1989 the Children Act defined the concepts of Residence and Contact. The idea was to reframe the law from the right of the parent (ie custody of children or access to children). The law pivoted from the rights of the parent to the rights of the child.
The concept of parental responsibility was also introduced. Parental responsibility means “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. Parties share joint and equal parental responsibility for their children and therefore the parties shall share and consult with each other in advance of making decisions about the child’s welfare including but not limited to foreign travel, religion, education, and health.
Child Arrangements Order
In 2014 the law changed again to a more descriptive arrangement for children. The direction of travel was a move away from arguments about who is the primary carer to the practical arrangements where a child was to be and with whom.
A Child Arrangements Order is a court order that determines where a child lives and spends time with each parent. It can also specify the arrangements for the child’s care and upbringing.
While a Court application is always available and sometimes necessary, the Court itself has made it clear this should usually be the last resort rather than the first option.
Where parents are in conflict in relation to issues relating to their children we can advise about different strategies to resolve these disputes.
Osbornes is a hugely impressive firm that offers strength and depth to its clients.
Bridget Thompson handles child inclusive mediations.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Simone McGrath has an incredible knowledge of international cases. She has been involved in many leading cases and is a go-to lawyer in the field.
The family law team at Osbornes is one of the strongest in London.
Maria Kitsiou heads up the domestic children offering.
Lauren Hall leads the international children team.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
The team is experienced in handling matters where there are allegations of abuse and non-accidental injury, as well as situations where children's welfare is at risk due to parents' substance misuse or mental health issues.
The lawyers at Osbornes are very well established and have a lot of experience between them, which gives them a lot of confidence and a willingness to think out of the box.
Their client care is really impressive and they have such breadth of experience
In a long standing issue with my ex and our child, Lisa and her team have always given me advice that has been first class. Lisa has a deep knowledge of how the courts work and which arguments will work and which will not and will advice exactly what to do and when.
My solicitor Jon Jonas came across as a genuine, very skilled solicitor who demonstrated great insights and experience in complex child arrangement cases. He has been able to create and implement an effective strategy to deal with extremely toxic matters.
Bridget Thompson is a public law specialist noted for her extensive children public law practice.
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
"Bridget Thompson combines her excellent legal knowledge with a clear, succinct and robust style of advice and advocacy. Her approach clearly inspires a high degree of client confidence in her"
"She is excellent. She's very reliable, talks about her cases passionately and is very committed to her clients."
"I consider the firm to be very experienced in child care cases and to provide a very professional and high standard of work"
Bridget Thompson is a public law specialist noted for her extensive practice in matters involving alternative families and adoption. An interviewee observes: "She's a fighter, she's clever, and she understands all aspects of a case."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Simone is absolutely on top of the game. She has great attention to detail, and has her clients' needs at heart."
"Bridget is client-focused, a pleasure to work with and incredibly supportive to her clients."
Bridget Thompson heads the family team, where client care is the top priority.
Simone McGrath is a highly knowledgeable practitioner with a focus on international child abduction matters. She has a large expertise in public and private law.
Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
This team is perhaps best known for its children work, often involving complex international dynamics.
Naomi Angell leads the market in cross-border children law matters. Sources confirm that she is "at the cutting edge of changing law and policy" when it comes to international adoption
Insights from our Family LawyersVIEW ALL
27.9.2024Navigating Divorce, Child Arrangements, and the Jewish Festivals:...
A Jewish divorce presents unique challenges, especially regarding child arrangements and upcoming festivals. Balancing differing levels of religious observance can...
Read more- 5.8.2024
Why Did Lauryn Goodman Take Kyle Walker to...
Introduction to the case After a judge took the unusual step of making his judgement public, we’re starting to...
Read more 
11.7.2024Unmarried With Children and Splitting Up
Unmarried with Children? What are your Financial Rights? Know Your Financial Rights Under Schedule One Children Act 1989 A claim under...
Read more- 17.6.2024
What is Early Neutral Evaluation?
Early Neutral Evaluation (ENE) is a form of Non-Court Dispute Resolution where the separated couple invites a neutral third party...
Read more - 4.6.2024
What is Parallel Parenting? Examples, rules, and why...
Parallel parenting is a practical solution for families experiencing ongoing conflict who find traditional co-parenting unworkable. In this article, we...
Read more 
3.6.2024Co-Parenting with a Narcissist
Can you co-parent with a narcissist? Co-parenting with a narcissist ex can be daunting, but it’s possible with the...
Read more- 29.5.2024
Co-Parenting Agreements
Is co-parenting right for us? There is no single approach to parenting your children after a divorce or separation. How...
Read more - 15.5.2024
Can a Mother Stop a Father from Seeing...
Can my ex stop me from seeing my child? There is a common misconception that mothers have more rights than...
Read more 
14.12.2023Parental alienation: A legal overview
Sometimes, a child may turn against one of their parents due to the other parent’s manipulation or influence. This...
Read more- 25.7.2023
Parental Conduct and Child Arrangements
The Role of Family Dynamics in Child Arrangement Cases In proceedings involving children, the parents should consider the impact their...
Read more - 22.3.2023
What is Parental Responsibility?
Understanding Parental Responsibility Parental responsibility is the legal term used to describe parents’ duties and responsibilities for their children. These...
Read more - 18.1.2022
6 cases that shape a private children dispute
Family disputes involving children can be particularly emotive, which is why our expert children lawyers work tirelessly to understand how...
Read more - 11.3.2021
Financial responsibilities of father on divorce
What are the financial responsibilities of a father for a child? The period drama Bridgerton, the runaway success of the...
Read more - 13.8.2019
Child Arrangements at Christmas
The Christmas period can be a hectic and stressful time for all parents, but for separated parents, it can be...
Read more 
24.5.2019Can I take the children abroad on holiday?
Can a mother take a child out of the country without the father’s permission? The answer to this question...
Read more- 4.4.2019
Parenting Plans
Do I need a parenting plan? A parenting plan can be highly beneficial for families that share parenting responsibilities. It...
Read more 
2.1.2018How To Tell Children About Divorce
How to tell kids about divorce The rise in divorce globally has turned the attention of academics and researchers towards...
Read more- 19.6.2012
Children disagreements during Easter holidays
The Easter holidays can be a flashpoint for disagreements. When couples separate, it can be very difficult to reach an...
Read more
