Child Custody & Contact Solicitors in Manchester & Cheshire

When you’re separating or divorcing, the first thing on your mind is your children – where they’ll live, how often you’ll see them, and how to protect them from the upset. Our expert children law solicitors help you resolve custody and contact arrangements with a personal touch, and, if it’s needed, apply for a child arrangements order to put those arrangements on a firm footing.

Whatever your situation – worries about your rights, an ex who won’t agree, or contact that’s been stopped – our specialist children law solicitors, led by Louise Halford and Robin Charrot, are on your side every step of the way.

What “custody” means now

You’ll still hear people talk about custody, access and residence, and lots of parents search for those words. The legal terms have changed, though. When the court sets out who a child lives with and how they spend time with each parent, it now makes a child arrangements order. Whatever you call it, we’ll help you get to the right outcome for your children.

Do mums or dads have more say over the arrangements?

Neither, as a starting point. Both parents usually have parental responsibility, which means equal rights and responsibilities in law. There’s no legal presumption about which parent a child lives with, but as a general principle children benefit from a relationship with both parents. That doesn’t always mean an equal 50/50 split, which sometimes doesn’t fit a child’s needs, one parent’s work, or the distance between homes. Flexibility and compromise around school, activities and work patterns is usually what works best.

Agreeing arrangements without going to court

Court is a last resort. In fact, if you can agree the arrangements between you, the court won’t make an order at all, because the law says it won’t make one unless it’s genuinely necessary. The court expects parents to try family mediation first.

It often helps to write down what you agree in a parenting plan. For more on this, see our guides to parenting plans, agreeing child contact and what co-parenting means.

Child arrangements orders explained

If you can’t agree, you can apply to the court for a child arrangements order. It settles how your child’s time is shared – who they live with, the time they spend with each parent, whether any time should be supervised, and whether it includes overnight or “staying” contact. Once made, it usually lasts until your child is 16, and in exceptional cases longer.

For more detail, our blog answers common questions on child arrangement orders and how long they take to get.

When contact is being stopped, or you just can’t agree

When you’re trying to sort out arrangements, or to stop your ex doing something you don’t believe is right for your children, it can feel as if you’re on your own. You’re not. We negotiate on your behalf, and represent you firmly in court if it comes to that.

Courts encourage a child’s relationship with both parents and wider family wherever possible, unless there are genuine concerns about a child’s safety or welfare, in which case contact can be supervised or, where needed, restricted. If contact has been stopped or cut back, or you’re worried about your child’s welfare during contact, get advice early – in some situations urgent applications can be made to restart or to pause contact. Our blog on stopping access to a child explains more.

How the court decides about your children

Whenever a court makes a decision about a child, the child’s welfare comes first, above everything else. The court weighs a set list of factors, including:

• Your child’s own wishes and feelings, considered in light of their age and understanding
• Their physical, emotional and educational needs
• The likely effect of any change in their circumstances
• Their age, background and any characteristics the court thinks relevant
• Any harm they’ve suffered or are at risk of suffering
• How capable each parent is of meeting their needs

The court has a range of powers and will decide what’s right for your child, which is exactly why reaching agreement yourselves keeps that decision in your hands. If a case does go to court, it may involve a CAFCASS officer – our blog explains what a CAFCASS report is. Where there are serious allegations, such as domestic abuse or a child being turned against a parent, the court may hold a fact-finding hearing before deciding.

Other children law matters we help with

Custody and contact often sit alongside other issues. We can help with all of them:

• Child relocation – if you or your ex wants to move, within the UK or abroad
• Child abduction – urgent help if you’re worried a child may be taken
• Parental responsibility – who has it, and how to obtain or remove it
• Child maintenance – financial support for your children
• Grandparents’ rights – contact for grandparents and wider family
• Specific issue and prohibited steps orders – for single disputes such as schooling, a change of surname, or taking a child abroad. See our blog on specific issue orders and disputes over your child’s schooling.