For Individuals & Families Child Custody & Relocation

Often the most contentious issue arising out of a divorce or separation, MacRoberts can support you in coming to an agreement on child custody arrangements.

Reaching an amicable agreement

In most circumstances, it is better for parents to reach an agreement on child custody out of the courts, rather than pursuing a lengthy legal battle resulting in the court making decisions about your family’s future. Our award-winning Family Law team can advise you on your parental rights and responsibilities relating to any children within your relationship and assist in negotiating and formalising any out of court agreement reached. In addition, our trained mediators and collaborative child custody lawyers can help create a calm, constructive environment for your discussions with the other party involved.

When it is not possible to agree – what next?

If a decision cannot be reached, it is possible to ask the court to make a residence order, a contact order or both. A residence order regulates whom a child lives with and during what periods. A contact order regulates arrangements for maintaining personal relations and direct or indirect contact with a child (visits, holidays, Skype calls etc.). Any other issue, such as education or child relocation, can also be regulated by a specific issue order.

Moving abroad

If a parent wants to move to another country or go on holiday with their children, whether within the UK or beyond, they must either get consent from the other parent or obtain permission from the court via a specific issue order. Relocation needs to be planned as carefully, and diplomatically, as possible.When reaching any decision relating to children, the court’s priority is the welfare and best interests of the child.

Helping our clients find the best solutions

We regularly support our clients in resolving child arrangements, and our aim is to help them find a solution that is practical, amicable and in the best interests of the children. If court proceedings cannot be avoided, our specialist family law litigators are ready to help clients navigate the court system and make sure they are fully represented.

Advising on child maintenance

Our award-winning child custody lawyers can advise on all aspects of child maintenance, including how maintenance payments are calculated, compliance with the Child Maintenance Service’s expectations, what to do if you think you are not receiving enough maintenance, the protocol if one parent lives overseas, which parent has responsibility for education costs and whether maintenance should be paid for step-children.

Child relocation

The main priority when considering relocation is the best interests of the child. Our lawyers can advise you on your right to relocate with your child or prevent the other parent relocating with your child, and how to apply to the court for permission to relocate if the other parent refuses to give consent. If you want to relocate, or if you want to stop the other parent relocating with your child, you should seek legal advice as early as possible.

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