Children and Divorce

Solicitors for when a relationship breaks down

Separating is difficult, especially when children are involved.

Parents don’t always see eye to eye on key decisions about their child’s upbringing. In some cases, disagreements can turn hostile, making it harder to put the child’s best interests first.

We know how important it is for children to have strong relationships with both parents where possible. Our team will help you find the best solution, whether through negotiation, external mediation services, or court action.

Living arrangements and contact (formerly known as ‘custody’ and ‘access’)

If you’ve separated from your partner, you may need to sort out important decisions about your children’s upbringing.

If you and your ex-partner can’t agree, you may need a Child Arrangements Order.  It’s a legal agreement that sets out:

• where your child will live

• when and how they’ll see each parent

• what kind of contact they can have (e.g., face-to-face visits, phone calls, video chats)

There are two types of Child Arrangements Orders:

1. Live with order: decides if the child will live with both parents equally or mainly with one parent
2. Spend time with order: sets out when and how much time the child will spend with the parent they don’t live with

You may be more familiar with the terms ‘custody‘ and ‘access‘ – but these are now covered by Child Arrangements Orders.

We understand that co-parenting after separation isn’t always easy, but it’s usually in the child’s best interests to have a good relationship with both parents. We can help you:

• apply for a Child Arrangements Order, whether you’re a parent, guardian, or close family member

• explore options outside of court

• support you through the court process if needed

• negotiate with the other parent to try and reach an agreement

Our experienced legal team is here to guide you every step of the way and help you find the best solution for your family.

Special Guardianship

If a child’s parents are unable or unwilling to care for them, a close family member – such as a grandparent, older sibling, aunt, or uncle – can step in to become their primary caregiver.

To make this official, the caregiver can apply for a Special Guardianship Order (SGO). Before applying, they must notify the local authority at least three months in advance. The local authority will then assess the situation and provide a report to the court to decide if the caregiver is suitable to become a Special Guardian.

A Special Guardianship Order gives the guardian more legal authority to make decisions about the child’s life, including their health and education. Unlike adoption, where the child’s legal ties to their birth parents are completely removed, an SGO allows birth parents to keep some parental responsibility—but with limited decision-making power.

We can:

• advise you on whether a Special Guardianship Order is right for you

• help you apply for an SGO, including gathering all necessary documents

• assist in resolving conflicts between birth parents and Special Guardians

• guide you through situations where you want to adopt the child, change their surname, or relocate them for more than three months

Parental responsibility

Parental responsibility means having the legal right to make important decisions about a child’s life. This includes their education, healthcare, and overall well-being. It also comes with the duty to act in the child’s best interests.

In the UK, mothers automatically have parental responsibility. Fathers have parental responsibility if they are named on the birth certificate or were married to the mother when the child was born.

Adoptive parents and legal guardians can also gain parental responsibility. Other carers (such as grandparents or step-parents) can get parental responsibility if a court order states that the child will live with them, but only for as long as the order is in place.

We can help:

• if you’re a father who doesn’t have parental responsibility and wants to apply for it

• if you’re caring for a child and need to know if you can get parental responsibility

• if you share parental responsibility and want to take your child abroad, but the other parent doesn’t agree

We can guide you through the legal process and help you understand your rights and responsibilities.

Child relocation

If you want to move with your child after a divorce – whether within the UK or abroad – you usually need the other parent’s permission or a court order. Moving a child can also affect existing child arrangements, including financial support.

If you and your ex can’t agree on:

• holiday arrangements

• relocating within the UK

• moving abroad permanently

Then, you may need to go to court. The court will always put the child’s best interests first when making a decision.

If you’re worried that your ex might take your child abroad or move them within the UK without your permission – or they already have – you must act quickly. We can help you:

• prevent your child from being taken by applying for a Prohibited Steps Order

• request permission to relocate through a Specific Issue Order

• deal with international child abduction cases, including legal agreements and treaties that may apply

• apply to have passports surrendered if necessary

We understand how urgent and stressful these situations can be. Our expert team will work fast to protect your child and guide you through the legal process.

Alienating behaviours

Alienating behaviours occur when one parent undermines or damages a child’s relationship with the other parent. This can involve manipulating the child’s emotions, making false accusations, or eroding the child’s trust in the other parent. These behaviours can cause serious emotional harm and may lead to a breakdown in the parent-child relationship.

Examples of alienating behaviours include:

• speaking badly or lying about the other parent

• forcing the child to choose sides

• making the child believe the other parent doesn’t love or want them

• setting unfair rules for when and how the child can see the other parent

The longer a child is exposed to these behaviours, the more difficult it can be to repair the relationship with the other parent. Courts take these matters seriously – especially when a previously healthy parent-child relationship deteriorates without clear justification.

Recent case law confirms that “parental alienation” is not a diagnosable syndrome, but rather a pattern of behaviour that the court must assess based on evidence.

The focus is now on identifying and addressing alienating behaviours, not on medicalising the issue.

If you believe your ex-partner is trying to damage your relationship with your child, we can:

• talk through your options, including negotiation, external mediation services or legal action

• help you apply for a Child Arrangements Order to restore contact

• support you if you’ve been accused of parental alienation and need legal advice

These situations can be incredibly challenging, but we’re here to help you protect your relationship with your child.

Grandparents’ rights

If you’re used to being involved in your grandchildren’s lives, it can be heart-breaking when you’re suddenly cut off from them because of their parents’ separation or divorce.

Our team of child law experts has plenty of experience helping grandparents reconnect with their grandchildren.

Whether you’ve recently been prevented from seeing them or you’ve already tried talking to the parents but need more legal help, we’re here to support you. We can:

• help you see your grandchildren, even if your child (their parent) doesn’t have access to them

• assist you in getting time with your grandchildren when contact has been restricted or denied due to separation or divorce

• help you become a legal guardian or adopt your grandchild

• support you in becoming a special guardian for your grandchild

• challenge a decision if your grandchild is being moved away, especially if it involves situations where your child is not part of the decision-making

We’re here to help you stay connected with your grandchildren and protect your relationship with them.