Child Custody

Child custody (arrangements for children)

Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents. If an agreement cannot be reached then we can help the parties to negotiate arrangements and if necessary we can prepare your case and provide representation at court.

Despite the court’s starting point that no order should be made in relation to who a child ‘lives with’ and who a child ‘spends time with’; the court’s overriding concern is the welfare of the child. Our experienced solicitors can fully advise you in relation to the ‘Welfare Checklist’ which is among the factors the court considers, these are:

• The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding);
• Their physical, emotional and/or educational needs;
• The likely effect on the child of any change in his circumstances;
• Their age, sex, background and any characteristics, which the court considers relevant;
• Any harm which the child has suffered or is at risk of suffering;
• How capable each of the parents and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs;
• The range of powers available to the court under the Children Act 1989 in the proceedings in question.