Sometimes parents need support to negotiate arrangements for children with their former spouse/partner. Disputes we commonly see are about where a child lives, how much time they spend with the other parent, and where they go to school for example. We can do this in a number of ways - see Non Court Dispute Resolution
Children Disputes
Divorce and separation is particularly hard on children and we have considerable experience in this difficult and sensitive area.
If you can’t agree on what the living or financial arrangements for children should be following the breakdown of your relationship we can help and advise you where you stand. For more information see below.
Living arrangements for children
How we can help
If you have reached agreement over the arrangements for children and want to have this drafted into a formal parenting agreement we can do this for you. We have considerable experience and expertise in anticipating and highlighting potential areas of difficulty which can be tackled in the parenting agreement.
If families want the certainty and security of knowing that the parenting agreement is legally binding and can be enforced by a court, particularly if there have been difficulties in the past, then it may be appropriate to ask the court to make a consent order. We can advise and assist you through this process.
Whether you decide to issue court proceedings yourself to resolve your dispute, or you are on the receiving end of a court application, the process can be daunting, and good representation can make a big difference to the outcome. The court can make a number of orders in relation to children.
Disputes over children are not always between parents, sometimes it is grandparents who want contact with their grandchildren and are struggling to maintain that relationship after a child’s parents have split up; or they may want their grandchild to live with them because they don’t feel that the parents can cope for example. Grandparents do not have an automatic right to see their grandchildren, but we can help you to try and re-establish contact through negotiation, or, where necessary, apply to the court in appropriate cases.
Sometimes grandparents are their grandchildren's full time carers. In these situations you may need to formalise your living situation with a Special Guardianship order (SGO). This order grants you parental responsibility and is similar to adoption in that you will be responsible for your grandchild until they are 18, but unlike adoption, the parents still have parental responsibility for the child. The SGO means that you can make all the day to day decisions about the child's care including where they go to school, and whether they have certain medical treatment without having to consult anyone else with parental responsibility.
Financial Arrangements for Children
If your relationship has broken down or you are considering ending a relationship then you may be anxious about your financial position and whether or not your child/children will be adequately provided for.
The child maintenance service (CMS), will usually help you determine what you or your former partner/spouse is required to pay per month to support your child. This is the case whether you are/were married or living together.
What few people are aware of however is that under Schedule 1 of the Children Act 1989, the court can make orders against parents to pay financial support to meet their children’s needs, and this can be at a rate over and above the level prescribed by the CMS.
Applications for financial support can be made by a parent, guardian, special guardian or person with whom a child lives under a Child Arrangements Order.
If you want to find out whether you could get further financial support for your child, then contact us. We have considerable experience in dealing with these types of cases and will be able to tell you where you stand and whether you might be able to get help with your legal fees.
What sort of orders can the court make?
The court can make orders for maintenance, lump sum payments, and property orders. These orders are for the benefit of the child as opposed to the person making the application and will generally only last until the child is 18 years old. For example, if the court makes an order for a property to be transferred to the carer of a child to provide a home for their minority, then that property would be returned to the other parent when the child turns 18.
When should I consider making an application to the court for financial support for my child?
- If you do not receive maintenance payments because you share the care of your child but the other parent earns much more money than you.
- If you receive child maintenance at the CMS rate but the paying parent’s income exceeds the maximum income used by the Child Maintenance Service to calculate payments. In these circumstances, you can ask the court to make an order to ‘top up’ the maintenance.
- If you require a lump sum and/or housing fund for your child.
- If your child requires financial support for further education including living expenses/tuition fees. If the child is over the age of 18 then they would have to make the application themselves.
- If your child needs ongoing support beyond the age of 18 and has a severe disability or impairment.
- If your original financial settlement achieved on divorce/dissolution does not adequately provide for the children and the other parent has the means to provide further financial support.
Orders the Court can make about children
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Child Arrangements Orders
Set out which parent a child should live with, formerly known as ‘custody’, and how much time they should spend with the other parent (‘contact’).
Often the child will live with both parents (a joint ‘lives with’ order).
In cases where there are allegations of domestic abuse, either to the other parent, or to the child, the court will need to carefully assess what arrangements are in the child’s best interests.
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Specific Issue Orders
Usually determine matters regarding the child’s upbringing – what school they attend – whether they receive certain medical treatment – aspects of religious education – or even where a child should live.
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Prohibited Steps Orders
Can prohibit a child’s parent or anyone with parental responsibility for a child, from doing something related to the child’s upbringing: for example preventing them from taking the child abroad, changing a child’s school, or even preventing a parent from attending at a child’s school.
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International/relocation Orders
The court may need to determine whether a parent should be allowed to take a child to live overseas or to go on a foreign holiday for example.
If your child or children has/have been abducted to or from the UK, this is a specialist area which we do not deal with. You should contact a specialist lawyer from this Government list:
https://www.gov.uk/guidance/child-abduction-accredited-solicitors-referral-list -
Parental Responsibility Orders
If a child lives with you and you do not have parental responsibility for that child (the rights, duties and obligations towards that child and the right to be consulted in respect of any aspect of their upbringing) because, for example you are not on the birth certificate or you are a stepparent or grandparent, then you can in certain circumstances apply for an order granting you parental responsibility. We can provide you with a realistic assessment of whether any application is likely to be successful.
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Parental Orders
If you have a child through surrocacy, then a Parental Order will give you full legal parenthood and parental responsibility.
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Special Guardianship Orders (SGO's)
A Special guardianship Order is similar to an adoption order but allows the child to maintain links with their birth parents. The person with the SGO can make all the day to day decisions in a child's life.
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Financial Orders
In some circumstances the court may be able to order financial provision for a child - for more information see Financial Arrangements for Children.
Other services we offer
Surrogacy and Fertility Law
There are complex legal considerations if you are a surrogate or considering becoming a parent through surrogacy, assisted reproduction or donor conception. It is important to obtain expert advice and guidance to navigating the difficult legal process for obtaining a parental order and we can support and guide you through each step.
Child Protection
Although we do not act for parents in care proceedings, social services can still become involved with your family because they have concerns about your child.
This may be because they have received a referral from a professional such as a teacher or doctor, or a referral from a member of the public. If you are concerned about how this may impact you and your child
or if you feel that the report is unfair or malicious, then please get in touch.
Early legal advice is key to enable you to deal with social services’ involvement in a positive way that can lead to a good outcome for your family.
Please note we cannot help you with the following:
Adoption
Care proceedings
Child abduction
Legal Aid
Highlights
Achieved equal shared care for a father who had been prevented from seeing his child by the mother and successfully challenged the false allegations made against him.
Successfully argued in court that a mother had been subjected to a sustained campaign of physical abuse and coercive and controlling behaviour, which meant that the father should not have any contact with the child.
Successfully argued in court that a father had been wrongly prevented from seeing his child because of false allegations made by the mother against him, and that the mother had tried to alienate the child from the father.
Involved in the first Court of Appeal case in England and Wales regarding 'nesting' arrangements for children - where the children stay in their home, and the parents move between houses. A, B and C (Children: Nesting Arrangement) [2022] EWCA Civ 68
Obtained a special guardianship order for grandparents who had been caring for their grandchild for a number of years due to the mother's mental health issues. This case required particular sensitivity and skill due to the complex family dynamics.
Acting for a father where the mother wanted to take the child overseas and relocate from London. We managed to prevent both moves and increase the father's time spent with the child. The first order was unsuccessfully appealed by the mother. https://www.bailii.org/ew/cases/EWCA/Civ/2009/20.html
Successfully applying for extensive financial provision for a child from a very wealthy 'non-dom' businessman, by securing the relevant assets in the UK - and obtaining an urgent order for him to pay the mother's legal fees which enabled the child to benefit, which would not have been possible otherwise.
How much will it cost?
In certain circumstances we can offer a fixed fee, helping you to manage your legal costs. If a fixed fee isn’t possible, then we will provide you with a realistic cost estimate and keep you updated on this throughout your case.
What People Say
They were straight talking, and dealt with things with speed and attention to detail. They were also very good listeners, understanding my needs and concerns.
Generally, I feel anxious and unnerved about everything most of the time but I always feel better when I have seen you!
A solicitor with excellent judgement and a real commitment to his clients.
I always knew where I stood because of the clear advice even when I did not want to hear it.
I had such an amazing result from my case. I really appreciate all the work and thought that you put in.
I am writing to thank you and your legal colleagues for recommending Selby Lowndes LLP legal team who helped me through these proceedings. Their dedication, tact and perseverance are laudable. They have been very supportive throughout, and never failed to deliver to help me out in most difficult times.
A great person to have on your team; he fights hard for his clients but is pleasant to deal with.
I cannot thank you enough for your help, support and encouragement. When I first came to see you I was absolutely petrified and really did not think I could go through with it. Your advice, calm manner and belief that this was possible, enabled me to summon the strength to escape what was a nightmare for so many years.
Brings a wealth of experience in family work.
I just knew I could put my trust in you and you would always make the right decisions for me and my girls. You made me feel at ease and … you explained things so well and in detail.
I wanted to write to say a big ‘thank you’ for being such a great solicitor and helping me get through these difficult processes as well as I can imagine someone could. I am really appreciative of the style with which you did this and that you sometimes lightened it all with your sense of humour!
I didn’t realise what a difficult job you had. You’ve done an amazing job having to deal with my lying, cheating muppet of an ex-husband! If it hadn’t been for you then I would have ended up with nothing. My children and I will be forever grateful to you. Thank you for all your help and advice.
It’s been a long and difficult journey but your support and advice throughout has been exceptional. So glad you took my case.
Dear Jane, Thank you very much for your email, I am so glad it did go well and for now is over! I wanted to thank you for all your support and work for the last couple of years and to say how much I appreciated it. You made me feel so heard and seen which is something priceless.
Dear Jane, Thank you for your advice and assistance over the last year. Most importantly I’m so grateful for the compassion you showed me which shone through when I was at my most vulnerable.
Dear Ms. Crumpton, I have approved the order. I hope you receive some recognition from your firm for your diligent work on this unusual case.
Dear Kelsey, Thank you for all your valuable help. I really appreciate it. I don’t want to sound big headed, but I was right when I said you’ll be going places with your talent! Much as I think you’re brilliant, but… nothing personal… I hope I don’t have reason to use you again! We all deserve a break! Surely though, I will recommend you and William to others as the dream team.
I wanted to thank you for your guiding hand throughout this process. You have been reassuring, pragmatic, kind and supportive and I am deeply grateful that I had you on my side.
Excellent judgement.
Experienced and obviously very competent.