At Craig Solicitors, we understand that the well-being of your children is your top priority, especially during times of family change. Our focus is to help you reach practical and child-focused arrangements that serve their best interests, whether you are married, separated, or divorcing.
Parental Responsibility in England and Wales
The current law in England and Wales places parents as the best people to make decisions about their children’s welfare. The court will only intervene in these decisions if there is no other alternative, typically when parents cannot agree amongst themselves.
The older terms of “custody” and “access” no longer apply in English and Welsh law. Instead, both parents share “Parental Responsibility.” This legal concept refers to all the rights, duties, powers, and responsibilities a parent has in relation to their child and their property. This means both parents are expected to make arrangements in the best interests of their children, which almost always involves the children spending substantial time with each parent.
What does Parental Responsibility involve?
Parental Responsibility empowers parents to make important decisions regarding their child’s life, including:
Education: Deciding where the child goes to school.
Medical Treatment: Consenting to medical procedures and accessing medical records.
Name: Choosing or changing the child’s name.
Religious Upbringing: Determining the child’s religious education.
Reaching Agreement for Your Children
In the majority of divorces or dissolutions, parents successfully resolve all issues concerning their children by agreement, without the need for court orders. We strongly encourage and support this approach, as it often leads to more sustainable and harmonious arrangements for families.
If parents cannot agree about the arrangements for their children, they are generally expected to try mediation and other non-court-based solutions to help them reach an agreement. These methods can be highly effective in reducing conflict and fostering cooperative parenting.
Court Intervention: Child Arrangements Orders
Ultimately, if parents still cannot agree, applications can be made to the court for “Child Arrangements Orders.” These orders formalise arrangements for:
- “Living with” Orders: Determining where the children will primarily live. Orders can be made for children to live with each parent at different times, reflecting shared care arrangements.
- “Contact” Orders: Setting out the contact schedule for the child with the parent they do not primarily live with.
- The court also has the power to make orders about particular issues when parents cannot agree, such as schooling or medical treatment. These are known as “Specific Issue Orders.”
International Cases: Relocation of Children
Sometimes, when a marriage or relationship ends, one parent may wish to take the children away from the country where they have been living and move them to a different country. To do this, they need either the permission of the other parent or the permission of the court.
If parents do not agree to an international move, an application can be made to the court for “permission to permanently remove.” The outcome of such an application will be decided solely on the basis of what the court regards as being in the children’s best interests.
At Craig Solicitors, we have substantial expertise in these types of international children cases. We can provide you with a good indication at an early stage as to the likely result of such an application, guiding you through the complexities of international child relocation law.
How We Can Help
Our experienced family law team is here to provide compassionate and practical advice on all aspects of children’s arrangements following separation or divorce. We can assist with:
- Advising on your parental responsibility rights and duties.
- Facilitating discussions and negotiations with your co-parent.
- Guiding you through mediation and other alternative dispute resolution methods.
- Preparing and submitting applications for Child Arrangements Orders or Specific Issue Orders if court intervention is necessary.
- Representing you in court proceedings for children’s matters, including complex international relocation cases.
If you are facing questions about arrangements for your children, please contact us for a confidential discussion.