When parents separate, decisions about where children will live and how they will spend time with each parent are often the most sensitive and emotionally challenging. At The Divorce Lawyers, we approach every case with care, discretion, and a focus on the child’s best interests.

Understanding Child Arrangements

Under English law, the term “child custody” is no longer used. Instead, the Family Court makes Child Arrangements Orders, which determine:

  • With whom the child lives (residence)
  • How and when the child spends time with the other parent (contact)

Where appropriate, orders can also address matters such as parental responsibility, schooling, holidays abroad, and religious upbringing.

Encouraging Agreement

The court encourages parents to reach agreement wherever possible. We help you do this through negotiation or mediation, providing clear legal guidance and practical solutions that work for your family. An agreed arrangement can often be formalised by consent order, avoiding the stress of contested proceedings.

When Court Intervention is Necessary

Where agreement cannot be reached, the Family Court can make decisions under the Children Act 1989. In doing so, the court’s paramount consideration is the welfare of the child. Factors considered include:

  • The child’s physical, emotional, and educational needs
  • The likely effect of any change in circumstances
  • Each parent’s capability to meet the child’s needs
  • The child’s wishes and feelings, depending on age and understanding

Our solicitors prepare your case carefully, ensuring all evidence is properly presented and that the child’s welfare remains central to proceedings.

Specific Issue and Prohibited Steps Orders

In some cases, disagreements arise about specific matters such as schooling, medical treatment, or relocation. The court can make:

  • Specific Issue Orders – determining how a particular issue should be resolved
  • Prohibited Steps Orders – preventing certain actions (e.g. taking a child abroad without consent)

We have extensive experience obtaining urgent and non-urgent orders to protect children and parental rights.

Relocation and International Issues

Where one parent wishes to relocate with a child — either within the UK or abroad — expert legal advice is crucial. We advise on the legal process, including applications for leave to remove and defending against unauthorised relocation.

Why Clients Choose Us

  • Experienced in complex and high-conflict child arrangement cases
  • Focused on the welfare of the child at every stage
  • Skilled negotiators aiming to minimise conflict
  • Clear, practical advice delivered with empathy

Next Steps

Whether you are seeking to agree arrangements or need to make or respond to a court application, our solicitors are here to help. Speak to The Divorce Lawyers in confidence for expert, child-focused advice.

Contact Us

Frequently Asked Questions

We understand that going through a divorce can be overwhelming and filled with uncertainty. To help ease your concerns, we've answered some of the most common questions our clients ask. If you have a specific query, feel free to reach out to our team for personalized advice.

How long does the divorce process take in the UK?

On average, an uncontested divorce in the UK takes between 4 to 6 months. However, the timeline may vary depending on court processing times and how quickly both parties respond to necessary documents.

Do I need to go to court for a divorce?

In most uncontested cases, attending court is not required. The divorce process can be handled entirely on paper unless there are disputes over finances or children, in which case a court appearance may be necessary.

How is child custody decided?

Child custody decisions are made with the child’s best interests as the priority. Courts consider factors like the child’s needs, each parent’s ability to provide care, and existing relationships before issuing custody or contact orders.

How are assets divided during a divorce?

Assets are typically divided based on fairness, not equality. The court considers factors such as income, property, financial needs, and contributions made by each party when determining a financial settlement.