Child Access and Contact Arrangements

Our specialist Family Law Team have extensive experience handling child-related issues, including contact arrangements, removal from the jurisdiction, relocation, schooling, maintenance, parental alienation, and child abduction.

The welfare of the children is often the most important concern for our clients. It may be that upon a breakdown of a relationship, you face difficulties in agreeing on the contact arrangements for your children. There may be a disagreement in respect of the following:

• Where the children should live and with whom, and how much time they should spend with the other parent.
• Issues concerning where the children should attend school, change of surname, medical treatment, or religious upbringing.
• Emergency steps to prevent a parent from taking particular actions regarding the children, such as removing them from the other parent or out of the jurisdiction.

The sole aim of parents should be to ensure that any children are well cared for and kept out of adult issues. Any discussions and decisions about the arrangements for children need to be made with the children’s best interests and welfare. Our specialists can negotiate considerately but constructively between all parties. To avoid additional costs and prevent further upset, we will aim to keep you and your family out of Court through negotiation, collaboration, or round-table meetings. If an agreement is reached amicably, we can prepare a parental agreement outlining the children’s living arrangements.

We do, however, have an excellent track record of representing our clients in Court. If this becomes necessary, we will provide you with consistent guidance to protect both your interests and those of your child. Whichever issues arise during your proceedings, we will carefully consider the law, its impact on your situation, and what approach a Court may take if involved to ensure you are fully informed before making decisions.

What the court will take into account

In all applications concerning children, the court treats the children’s best interest as paramount consideration and will consider the following:

• The children’s wishes and feelings, with regard to their age and understanding
• The needs of the children
• The effect of any change in circumstances on the children
• The children’s age, sex, background, etc.
• Any harm the children may suffer or be at risk of suffering
• Each parent’s capability of meeting the children’s needs

Highlights

Our specialist family team has been involved in a number of international and complex cases, successfully representing clients in preventing them from being moved to live in another country and assisting clients with relocation. Highlights include:

• Helping clients obtain leave of the Court to remove children from the jurisdiction to live abroad
• Representing clients in challenges related to the children’s religion or surname change
• Assisting clients with regular contact arrangements, including school holidays
• Advising clients on enforcing child arrangement orders, especially if another parent fails to comply with previous orders

Whatever your family’s circumstances, our specialist Family Law Team is dedicated to understanding your unique case and will help you make informed decisions regarding your child’s welfare. Our Family Law Team includes Resolution accredited Children’s Law Specialists and Children Panel members.

If you would like to speak to an expert legal adviser about any aspect concerning your children, call our renowned Family Law Team on 020 7272 1234 or email FamilyPrivate@hmbsolicitors.co.uk.

Free initial call with the enquiry team

Email: FamilyPrivate@hmbsolicitors.co.uk

Phone: 020 7272 1234

We provide family law advice nationally as well as internationally through telephone, email and video calls. We will also ensure you are kept up to date with your matter and assist you developing a strategy to help you succeed.

Parental alienation

Parental alienation is recognised as children’s resistance or hostility towards one parent without justification, resulting from psychological manipulation by the other parent. Essentially, it explains why children may refuse to spend time with one parent post-divorce or separation. Sadly, courts must regularly address parental alienation cases.

Psychological research shows that long-term problems for children stem more from living with parental conflict post-separation than from the separation itself. Parental alienation can negatively impact a child’s well-being, and our specialist Family Team can offer advice if needed.

Behaviours associated with parental alienation include:

• Expressing negative attitudes toward the other parent
• Obstructing the children’s relationship with the other parent
• Questioning the children upon return
• Criticising the other parent or implying they put the children at risk

Hostility

Implacable hostility cases involve extreme and persistent objections to contact, often resulting in one parent being prevented from seeing the children. These behaviours may include:

• Strong resistance to any contact between the children and the other parent
• Claims that contact is harmful as there’s no established relationship with the children
• Lack of encouragement for a relationship with the other parent

Objections can stem from rational concerns or unreasonable perspectives. In cases of domestic abuse, courts weigh the impact of any violence on the parent and children against the benefits of contact.

Co-parenting

Co-parenting refers to a situation where adults share parenting duties, whether separated, divorced, or even if they were never in a relationship, including gay and lesbian couples. Our specialists are experienced in advising on co-parenting arrangements and can prepare agreements covering arrangements to reduce potential future conflict.

Relocation

A parent can live anywhere within the United Kingdom with their child, though the court may prevent relocation if it isn’t in the child’s best interest. Every case is unique, with no presumption for or against a move based solely on caregiving arrangements.

The Family Court prioritises the child’s best interests over the parents’ wishes, using the “welfare checklist” from Section 1(3) of the Children Act 1989, which includes:

• Ascertainable wishes and feelings of the child
• The child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child’s age, sex, background, and other relevant characteristics
• Any harm the child has suffered or risks suffering
• The capability of each parent to meet the child’s needs
• The range of powers available to the court