Children’s Solicitors: Supporting You and Your Children

When parents separate, one of the most difficult and emotional questions they face is how to arrange the care and upbringing of their children. Emotions can run high, and making decisions that put the children’s best interests first can be challenging. Our specialist child custody solicitors guide parents through this process, helping them to achieve clear, workable solutions—whether through amicable agreements or, if necessary, through the courts.

What Is Child Custody?

In the UK, “child custody” refers to the legal arrangements deciding who is primarily responsible for a child’s care following parental separation or divorce. This can also be termed “residency”, indicating the child’s main place of residence. Child custody can fall into two main types:

  1. Sole Custody

    • One parent has primary responsibility for the child’s daily care and major decisions, such as education and healthcare.
  2. Joint Custody

    • Both parents share the responsibilities of caring for their child. This requires cooperation between the parents, as both contribute to decisions about schooling, medical care, and general welfare.

Many child custody agreements also include visitation clauses, which outline when each parent (or another family member) can spend time with the child.

Common Child Custody Issues

Parents may need to address various matters, sometimes referred to as child arrangements, including:

  • Where the children will live (the main home or homes)
  • When the children see each parent (including overnight stays)
  • Financial provisions for the children’s upbringing
  • Potential changes to the children’s names
  • Decisions on schooling, healthcare, and other key aspects of a child’s life

Ensuring both parents’ views are considered—and, most importantly, the children’s best interests remain paramount—can sometimes be complex but is essential.

Reaching an Agreement Without Court

In most cases, courts encourage parents to agree on child custody arrangements themselves rather than seeking legal rulings. Our experienced solicitors can help by:

  • Facilitating Direct Discussions: Where appropriate, we offer guidance on how to speak with your ex-partner to find an arrangement that works for everyone.
  • Negotiation via Solicitors: Sometimes having professional representation ensures conversations remain constructive and focused on practical solutions.
  • Collaborative Law: A more formal, structured approach, where both parents and their solicitors meet face-to-face to work towards an agreement without involving the court.

Out-of-court solutions typically save time, reduce stress, and maintain better relationships. However, if negotiations fail, an application to the court may be the only remaining option.

When Court Proceedings Are Necessary

Where parents cannot agree, or if there are concerns about a child’s welfare, a court application might be essential. As a last resort, we support clients through the court process, aiming to secure a child custody arrangement that reflects the child’s needs and ensures a stable future. Our specialist lawyers will:

  • Prepare your case by gathering relevant details and evidence
  • Represent you in court hearings and discussions
  • Advocate firmly for arrangements that protect the best interests of your children

How HM & Co. Solicitors Can Help

Our team of child custody lawyers has worked with parents and extended family members—such as grandparents—who want to establish meaningful child arrangements. We:

  • Listen to your concerns
  • Explain your options and likely outcomes
  • Strive for an amicable resolution where possible
  • Stand by you if court action becomes unavoidable

No matter the nature of your case, we strive to achieve a positive outcome that prioritises your children’s wellbeing.

Contact Us

If you’re facing child custody challenges or require guidance on any aspect of children’s law, contact HM & Co. Solicitors:

Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Our experienced solicitors are here to provide empathetic, informed advice to secure the best future for you and your children.

Your Questions, Answered

FAQs

FAQs – Child Contact and Custody in the UK

1. What is child contact and access?

Q: How is “contact” and “access” defined in the context of UK family law?
A: Child contact refers to the arrangements allowing a non-resident parent to spend time with their child—this may include daytime visits or overnight stays. Access, often used interchangeably with contact, signifies the legal entitlement of the non-resident parent to see their child according to an agreed or court-ordered schedule.

 

2. Should I hire a child custody solicitor?

Q: Do I need professional legal guidance if there’s a dispute over child arrangements?
A: If you face disagreements concerning child custody or other child-related issues, engaging a child custody solicitor is highly recommended. A family law specialist can:

  • Provide tailored legal advice
  • Represent you in court, if necessary
  • Facilitate negotiation or mediation
  • Advocate for an arrangement in the child’s best interests

 

3. How much does a child custody solicitor cost?

Q: What factors influence the solicitor’s fees for child custody matters?
A: Costs can vary depending on:

  • Case Complexity: If disputes are intricate, more hours of professional time are needed.
  • Solicitor’s Experience: Highly experienced solicitors may charge higher rates.
  • Method of Resolution: Mediated settlements often cost less than lengthy court proceedings.

Solicitors may charge hourly, offer fixed fees for specific services, or use a combination of these methods. Always discuss fees and any possible funding options upfront.

 

4. Who gets custody of the children after a divorce?

Q: How does the court decide which parent a child should live with after divorce?
A: In England and Wales, courts encourage parents to agree on arrangements themselves. If that’s not feasible, the court’s decision is rooted in the child’s best interests. Instead of using the term “custody,” UK law frames decisions around residence and contact:

  • Residence: Where the child primarily lives
  • Contact: How and when the non-resident parent spends time with the child

 

5. Who gets custody of the children when the parents are not married?

Q: Do unmarried parents have different rights to child custody?
A: For unmarried parents:

  • The mother automatically holds parental responsibility from birth.
  • The father can acquire parental responsibility by:
    1. Jointly registering the birth with the mother
    2. Obtaining a parental responsibility agreement
    3. Securing a court order

Similar to divorce cases, if parents can’t agree on arrangements, the court will rule based on the child’s welfare and best interests.


Need Further Guidance?
For more detailed support on child contact and custody, HM & Co. Solicitors can offer clear, informed advice.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

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