How Do I Get Custody Of My Children?

When parents separate, one of the most common questions they ask is, ‘How do I get custody of my children?’ It is important to note that the term ‘custody’ is no longer used in English law. Instead, Child Arrangements Orders are used to determine where the child of separated parents should live and how they should split their time.

At Birch & Co, we understand how distressing it can be to navigate the transition from living with your children and seeing them full time to having to share them with your ex-partner. We offer first-rate legal advice with empathy and compassion, and your solicitor will be on hand to support you at every stage of the process.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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What is a “Child Arrangements Order”?

Under Section 8 of the Children Act 1989, a Child Arrangements Order determines:

• Who the child should live with;
• When and how the child spends time with each parent; and
• Other arrangements, such as calls, holidays, and special occasions.

There is no standard order that the court will make in these circumstances. The Judge’s primary concern will be the child’s welfare, and they will make an order that they consider to be in the child’s best interests.

Will I have to go to Court?

Not necessarily. In fact, separating parents are actively encouraged by the courts to try to resolve the issue of where their children should live without the court’s involvement wherever possible. Court proceedings can be incredibly stressful for everyone involved, including the children, and can increase the acrimony between the parents. If the parents can reach an amicable agreement, they can concentrate their energy on helping their children to adjust to their new norm and supporting them during what will likely be a significant life change for the whole family. Furthermore, litigation can be expensive, and the money you save on legal costs can be put towards building a positive future for you and your children.

If you and your ex-partner cannot resolve the issues regarding where your children should live by yourselves, you can try an alternative dispute resolution method called mediation. In most cases, the courts insist that the parties attend a meeting, known as a MIAM (Mediation Information and Assessment Meeting) before making any application to court. At a MIAM, a professionally trained mediator meets with the parties to discuss their issues and assess whether the case is one that might be suitable for mediation. Mediation is voluntary, so even if the mediator believes that you may benefit from exploring the process, you are not obliged to partake in it. Instead, you can obtain a certificate from the mediator confirming that you attended the MIAM to present to court.

How do I get custody of my children if I cannot reach an agreement with my ex-partner?

If you and your ex-partner cannot agree on where your children should live following your separation, your case will be heard by a family court judge. The judge will hear evidence from the child’s parents, experts, and other experts, with a view to deciding what would be in the child’s best interests.

A Child Arrangements Order normally remains in place until the child reaches the age of 16 or 18, depending on the circumstances. It can be varied at a later date if the family situation changes, either by agreement between the parents or a further court order.

What happens if the other parent breaches the Child Arrangements Order?

If one of the child’s parents breaches the terms of the Child Arrangements Order, the other parent can apply to court to enforce it against them. In severe cases, the court can impose penalties on the parent in breach, including imprisonment.

In urgent cases, such as those in which you fear that the other parent may be planning to remove your child from the UK, you can apply for a Prohibited Steps Order preventing them from doing so without the court’s permission.

How can Birch & Co help?

At Birch & Co, our expert family law solicitors can assist you with any aspect of family law and practice, including resolving where your child should live following your separation from their other parent. We are professional, friendly, and approachable, and we will go above and beyond to protect your interests and safeguard your child’s welfare.

We offer a free initial consultation with no obligation, so we can get to know each other, and you can learn a little more about how we work.