Grandparents’ rights to see grandchildren
One of the common misconceptions surrounding family law is that grandparents have an inherent or automatic right to see or
Child custody and living arrangements: support for your family
Find the best child custody arrangements for you and your children after divorce, with our legal experts
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We match a member of the team with the right expertise to every client, who will invest time getting to know you, who will look after your interests and ensure you have access to the whole firm when you need it.
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The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.
Overview
Supporting you through child custody arrangements, always focused on your child’s best interests
Do not face difficult decisions about your child’s custody alone
Making decisions about child custody arrangements, including where your children will live and how much time they spend with each parent, can feel overwhelming, especially during a divorce.
Legal terms can also be confusing. “Custody”, “residence” and “living with” are often used interchangeably.
However, the legal term is now child arrangements, usually set out in a child arrangements order.
Reaching agreement on child custody arrangements is often the best way forward
If you and your ex-partner can agree what works best for your child, it can reduce conflict and help everyone adjust to new circumstances. Some families agree equal time between parents, but it is more common for a child to live mainly with one parent and spend regular time with the other.
Focusing on your child’s needs, rather than parental rights, usually leads to better long-term outcomes.
You will get clear, practical child custody legal advice from our family lawyers. We will listen carefully and help you agree arrangements that are fair, workable and centred on your child.
What is a child plan and would it be useful for us?
A child plan (previously called a parenting plan) sets out how you will manage day-to-day parenting. It helps you agree practical child custody arrangements. Both parents must agree the contents. It provides a useful record of what has been agreed and can help avoid misunderstandings.
Plans are flexible and can be updated as circumstances change. While there is no set format, more detail usually makes the plan more useful. Child plans are available from the Children and Family Court Advisory and Support Service – CAFCASS.
What if I can’t reach agreement about arrangements for our child?
Disputes over child custody arrangements are common, but support is available. You may disagree about where your child should live or how much time they spend with each parent. If this happens, either parent can apply to the court for a decision.
Court should usually be a last resort. It can be costly, time-consuming and stressful for everyone involved, especially your child.
We will guide you through alternatives such as mediation or collaborative law, helping you find a less confrontational way forward where possible.
The Tees family team are hugely experienced and great at everything they do. They are very professional, caring and responsive when working together on cases.
What happens when I go to court over child custody?
If your case goes to court, the focus will always be your child’s best interests. The court will consider a “welfare checklist”, including:
- the child’s wishes and feelings
- their physical, emotional and educational needs
- the impact of any changes
- their age, background and circumstances
- any risk of harm
- each parent’s ability to meet their needs.
Other issues that will affect your child during divorce or separation
You can get clear, practical advice on other issues about your children during divorce:
- parental responsibility
- child maintenance
- schooling
- contact with wider family members.
Will a divorce affect parental responsibility?
Divorce does not affect parental responsibility if you already have it.
A mother automatically has parental responsibility at birth. A father has parental responsibility if:
- he was married to the mother at the time of birth
- he is named on the birth certificate
- he has a parental responsibility agreement
- he has a court order.
View our fixed-fee family law consultation page – we offer compassionate, expert guidance from an experienced solicitor, focused on you and your next steps.
Support for you to move forward
You’ll get clear, practical guidance from our family law experts with these issues:
- parental responsibility after divorce
- where your children will live
- how much time they’ll spend with each parent
- financial support and who pays child maintenance
- where the children go to school
- grandparents’ visitation rights.
Our clients range from high-net-worth individuals with complex finances to those with more straightforward needs. We also specialise in the agricultural sector, having a sound understanding of the relationship between business and personal needs.
Contact us today
Please complete this form and one of our team will be in touch with you shortly.
Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
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Case Study: Complex children act proceedings - Securing a safe relocation outcome for a child in Family Court
When safeguarding concerns arise within existing child arrangements, family proceedings can quickly become complex. In this case study, the Tees Family Law team supported grandparents and a father through challenging Children Act proceedings involving multiple authorities and an unrepresented party. The result was a stable, child-focused outcome that prioritised the welfare and long-term wellbeing of the child.
Legal and financial advice
We have a team of in-house independent financial advisers who work closely with our lawyers to deliver all the advice you need. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we are accountable for all the advice we give.
We’re here to help
If you want a lawyer to take a closer look at your situation, our family and divorce lawyers are based in:
- Cambridgeshire: Cambridge
- Essex: Chelmsford, and Saffron Walden
- Hertfordshire: Bishop’s Stortford and North Herts
But we can help you wherever you are in England and Wales.
Relocating with your child after divorce: what parents need to know
Living together without marriage is increasingly common, but it’s important to understand the legal differences between cohabiting and marriage. Joshua Coombe, Partner in Tees’ family law team, explains the legal rights of unmarried couples, including financial, property, and inheritance issues. Unlike married couples, unmarried partners have fewer legal protections.
Our experience in child custody arrangements
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Frequently asked questions
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Child custody FAQs
What is a Child plan?
A child plan (formerly known as a parenting plan) is an agreement between separated or divorced parents about how to raise their children. Both parents need to agree to the plan. A Child plan can be changed at any time, for example, as the children grow up, provided both parents agree.
(A child plan is a voluntary agreement between parents and does not involve a court process).
A child plan is available from the Children and Family Court Advisory and Support Service (CAFCASS).
Who has parental responsibility during a divorce or separation?
If you have parental responsibility before you separate from or divorce your child’s parent, you will not lose it because of the separation or divorce.
If you were married when your child was born, both you and your spouse automatically have parental responsibility. A mother has parental responsibility from the birth of the child regardless of whether she is married to the father. If the father is not married to the mother when the child is born, they do not automatically have parental responsibility but will acquire it if their name is on the child’s birth certificate, if they have a Court Order granting it or if they have a legally binding agreement with the mother.
Who has to make child maintenance payments?
Regardless of who has parental responsibility, the parent with whom the child spends less time is required to contribute financially to their children’s maintenance. If you are the parent with whom your child spends more time (perhaps the child is living primarily with you and spending time with the other parent) and you are not receiving child maintenance, a solicitor can advise you about how to secure the payments. If the child or children spend equal time with both parents, there may be no payment due.
What does a child plan (previously known as a parenting agreement or parenting plan) cover?
A child plan can cover:
- Who the child will live with
- Who will have parental responsibility
- Who will be named on the birth certificate
- How much contact the child will have with the other parent
- Decision making once the child is born, e.g. where they will go to school
- Consent to treatment, storage, and what happens if there is a dispute?
