Children disputes

There is nothing more important than deciding where your child should live and how much time they should spend with each parent. Our expert child law team is experienced in working with parents to achieve the best outcome.

Issues we regularly help clients resolve include:

• Should your child live with you or your former partner?
• Should there be a shared care arrangement and, if so, how will the arrangements work?
• What should the arrangements be for the child to spend time with the parent they don’t live with?
• What should the arrangements be for special occasions like birthdays and Christmas?
• What should the arrangements be for school holidays and going abroad?
• What will happen if one parent wishes to relocate either in the UK or abroad?
• What happens if one parent wants to make important decisions such as a change of school?

Sometimes it is necessary to take the matter to court to obtain an order setting out arrangements for the children. In April 2014, the Government brought in a new term for orders which set out where a child should live and who they should spend time with. Previously known as ‘Residence’ and ‘Contact’, they are now called Child Arrangements Orders.

There are other types of orders the court can make including; Parental Responsibility Order, Prohibited Steps Order and Specific Issue Orders which require specialist advice as to the circumstances in which these types of orders are required, and whether an order is required on an emergency basis to protect a child’s safety or wellbeing.

We also provide specialist advice to parents who are either wishing to relocate with their children in the UK or abroad, or the parent who wishes to oppose the relocation.

If you choose to have a child through a surrogacy arrangement, you will need to apply for a Parental Order to secure your legal parentage for the child. 

We have the knowledge and expertise to guide you through the process, from making an initial application, dealing with the interim practicalities, providing advice on the factors the Court will take into account in making its decision and through to the final stages of securing the Parental Order.

Under the current law, the surrogate will be the child’s legal mother and have parental responsibility.  Depending on the surrogate’s personal circumstances, her husband may also be the child’s legal father and have parental responsibility.  By securing a Parental Order, the legal parenthood for the child is transferred to the “intended” parents who have commissioned the surrogacy arrangement, meaning they will be legally recognised as the child’s parents.  The child will also be issued with a new birth certificate recording you as their legal parent(s).