Child law advice

Child law solicitors

We are highly experienced in helping parents, grandparents, relatives and guardians resolve issues relating to children in a sensitive and cost-effective way. We provide expert child law advice and assistance on all issues that can arise in relation to children after a relationship has broken down, including:

  • Child custody and determining where children should live if there are separate households;
  • Arranging the amount of time children will spend with each parent, grandparent, relative or guardian;
  • Choosing the school the children will attend;
  • Negotiating permission for children to travel abroad on holiday;
  • Changing a child’s name;
  • Addressing issues concerning parental responsibility; and
  • Making declarations of parentage.

We are very experienced in resolving child law matters through negotiation, which may include mediation and, if necessary, via court proceedings.

For an initial complimentary consultation to establish your aims and outline how we can help you, please contact our child law solicitors.

How can Hugh James help with child arrangements

Divorce, separation, or a relationship breakdown can be challenging, especially when children are involved. Agreeing on arrangements for children is often one of the hardest aspects to navigate.

A Child Arrangement Order can help establish a routine and ensure that both parents or guardians remain involved in a child’s life. Having an experienced child arrangement solicitor can make the process smoother and reduce unnecessary conflict.

Our child-focused solicitors have extensive experience in handling these cases, providing clear, practical advice to help parents find solutions that work for their family. Many people ask us, “Can I get custody of my children?”—we take the time to explain options and provide straightforward legal guidance tailored to each situation.

We work collaboratively and transparently, ensuring the best possible outcome for you and your child. Whether you need help with child arrangements, enforcing an existing order, or understanding legal costs, our team is here to assist.

Our services include:

  • Child Arrangements – Do you need to decide where your children will live.  This can sometimes be called a “lives with order” Do you need to decide if a child will spend time with a parent.  This is called a “spends time order”.
  • Relocation – Are you thinking of moving to a new area or country? Relocation issues arise when a parent plans to move with a child within the UK or overseas.
  • Grandparents rights – Are you a grandparent seeking time with your grandchildren? Grandparents’ rights let you apply for legal access.

 

Facing a child related legal issue? Our expert solicitors can provide the guidance you need. Get a free consultation today.

How we would work with you

  • Initial consultation: We provide an initial complimentary consultation to understand your circumstances in relation to your children and explain how we can help you.
  • Gathering information: Once you are ready to proceed, we will collect all the information we need about everyone involved.
  • Meeting: We will then advise you on the various options available which may include mediation. This can be done in person or via Microsoft Teams, as you prefer.
  • Resolution: Our goal is to resolve issues concerning children without the need for court intervention. However, if court proceedings become necessary, we are experienced in preparing and ensuring the best representation for our clients.

If you require legal advice relating to your children, we strongly advise you to seek early legal advice.

We are committed to providing support and guidance through every step of the process, ensuring the best outcomes for you and your children. Please contact our family law solicitors for more information and for a complimentary consultation.

Case study: resolving parental disputes

Mr M approached us after his relationship with the mother of his child broke down. Initially, they managed a co-parenting arrangement that split their child’s time equally. However, tensions arose when the mother quit her job to become a Jehovah’s Witness and began taking their young son to meetings, which Mr M opposed due to concerns about the religion’s restrictions.

Read the full case study here.

Case study: Court protects children from coercive father

We represented Mrs. B, who had significant welfare concerns about Mr. B’s coercive and controlling behavior affecting their two young children.

Read the full case study here.

Key contact

Victoria Cannon

Partner
Throughout her more than 20 years in family law, Victoria Cannon has gained extensive experience guiding clients through every aspect of relationship breakdown, from financial matters to arrangements for children, with particular expertise in supporting business owners and high-net-worth individuals.

Your questions answered

These are the key steps to obtain a child arrangements order:

  1.  If required, obtain court permission, for example for extended family members or grandparents. This is not ordinarily required for parents, civil partners (with parental responsibility) and stepparents.
  2.  Attempt to negotiate an arrangement for children out of court via Mediation Information and Assessment Meeting (MIAM), if suitable. Make an application to court, will then be shared with the person on the other side, such as your ex partner.
  3.  Attend the first court hearing at which the judge or magistrates will listen to the issues of both parties and may attempt to help reach an agreement. If successful, the agreement will be made into a court order and the process ends. If unsuccessful then a second court hearing will be arranged, if needed.
  4.  If a second court hearing is required then the court will review again the issues and potentially hear from any others who have had any involvement, such as social services or CAFCASS, who are trained professionals in child law, who work with the court. The court will attempt to resolve the matter but there could be a final hearing if an agreement cannot be reached.
  5.  At any final court hearing there will be an opportunity for both parties to present their case and a Judge or a magistrate will make a decision after hearing evidence from both.

The above process does not cover the agreement on child maintenance law. This is considered a separate matter.

A child arrangement order sets out who the child spends their time with, and where they will live. You may have heard the words “custody” and “access” which are no longer used by the courts but often referred to in this context.

The court’s decision will be made in the best interest of the child, but the court recognises that a child benefits from time spent with both parents. It is very unusual that court will permit a child to live with one parent without time spent with the other, unless there is a welfare issue.

Factors such as where they are schooled and their background will be considered during the case, as the court refers to a welfare checklist in its decision making.

If you are unmarried, you will have the same rights as any married parents so long as you have parental responsibility. If you are in a same sex relationship, however, the legalities can be more complicated.

For same sex partners with children, it may be necessary to consider how the child entered the family or how the child was conceived.

To find out more you will need to speak to one of our family law experts on 029 22675686 / 02922675688 or email [email protected]

If no agreement can be reached informally or through mediation then the court may decide.

The welfare of the child will be the court’s priority. Their decision will be made in the best interests of the child, considering the relationship they have with both parents or guardians.

The court will decide on where a child lives and who they will spend time with, which could include extended family and grandparents.

To make this decision the court will use a checklist set out in the section 2.1 of the Children Act, which includes:

  • The ability to meet the child’s needs by a parent
  • Any factors that might cause the child risk or harm
  • Age, sex and background of the child
  • Any possible effects to the child caused by a change in care arrangements
  • The educations, physical and emotional needs of a child
  • The wishes and feeling of the child

Whatever the court decides it will be legally binding. In the future, if circumstances change, an application can be made to the court to change the terms of the agreement, or to enforce a court order if one party does not comply with it.

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

Call us: 033 3016 2222

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