If a marriage or a relationship breaks down there may be disagreements as to where your child should live (residence), whether your child should live with both parents (shared residence), and how often a child should/or could see the other parent (direct and indirect contact, overnight staying contact, supervised contact, supported contact).
We have many years’ experience resolving such issues. We will devise a strategy with you and will then try to reach a negotiated agreement as swiftly as possible. If necessary we will issue Court proceedings to protect the interests of you and your child.
No, and most parents do not. In many cases, arrangements can be agreed directly, through solicitors, or through mediation. Court proceedings are usually a last resort, for cases where agreement cannot be reached or where the safety or welfare of the child means an order is needed.
A Child Arrangements Order is the modern court order dealing with the practical arrangements for a child after their parents separate. It sets out who the child is to live with, who they are to spend time with, and on what terms. It replaced what used to be called “residence” and “contact” orders.
Yes. A shared “lives with” arrangement, sometimes still referred to as shared residence, is entirely possible and increasingly common. It does not have to mean an exact 50/50 split of time. What matters is that the arrangement is workable for the child, taking account of school, travel, and each parent’s ability to provide day to day care.
Take advice quickly. It is usually best to try to open up a dialogue first, ideally through solicitors or a mediator. If that does not succeed, an application can be made to the court for a Child Arrangements Order setting out the time the child is to spend with you. The court’s focus will be on what is in the best interests of the child.
Parental responsibility is the legal authority a parent has to make important decisions about a child, for example about their schooling, healthcare, religion and where they live. All mothers automatically have parental responsibility. Fathers have it automatically if they are married to the mother, and unmarried fathers acquire it by being named on the birth certificate (for births registered in England and Wales after 1 December 2003), by agreement with the mother, or by court order.
No. If someone else also has parental responsibility for your child, usually the other parent, you cannot simply relocate abroad with the child. You need either that person’s consent or the permission of the court. Leaving England and Wales with a child without the necessary consent or court permission can amount to child abduction, with very serious consequences.
The child’s welfare is the court’s paramount consideration. Judges look at matters such as the genuineness of the reasons for the proposed move, the practical plans for schooling, housing and family support in the new country, the effect on the child’s relationship with the parent left behind, and what arrangements are proposed for continuing contact. Applications of this kind are complex and need to be prepared carefully.
Act immediately. There are urgent legal remedies designed to secure the return of children who have been wrongfully removed or retained abroad, particularly under the 1980 Hague Convention on international child abduction, which many countries have signed up to. Every day matters in these cases, so contact a family lawyer with cross border experience as a priority.
Yes, particularly as children get older. The court will consider the wishes and feelings of the child in the light of their age and understanding, along with all the other welfare factors. In most cases the child does not attend court. Their views are usually put before the judge by a Cafcass officer (Children and Family Court Advisory and Support Service), who meets the child and reports back.
If you and your child reside in England and Wales but would like to return to live in your home country (or any other country, for that matter) then you need the consent of the person who also has parental responsibility for your child. If such consent is not given, and cannot be negotiated, then you may have no other option but to make an application to the Court for permission to remove your child from the jurisdiction of England and Wales. Such an application will need to be properly prepared by an experienced law firm such as ours. We have successfully handled many applications like this over the years.
J is a German national residing in England. G, the father of her two children, is a Serbian national with indefinite leave to remain in England. J wishes to return to Germany following the breakdown of the parties’ relationship, however, G does not allow her to take the children.
Die Anwaltskanzlei Beyer Family Law Solicitors ist ausschließlich im Bereich des internationalen Scheidungs- und Familienrechts tätig.
Kerstin Beyer – Beyer Family Law Solicitors – Solicitor (England und Wales), Rechtsanwältin (Deutschland, nicht praktizierend), Summit House, 12 Red Lion Square, London WC1R 4QH. Zugelassen und beaufsichtigt durch die Solicitors Regulation Authority.
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