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Children and divorce

If you need advice or representation on any Children Law matters, click below for a free initial consultation with one of our expert Children solicitors.

 

Financial support for children


If you are married, capital provision for your children’s needs will be considered as part of your overall divorce settlement. If you are not married, then you will be able to apply to the court for provision under Schedule 1 of the Children Act. Schedule 1 allows you to...

Types of children orders


There are three main orders in children proceedings: child arrangements orders, specific issue orders, and prohibited steps orders. With any order made in relation to a child, the court’s paramount consideration will be the child’s welfare. The court will...

International relocation of children


If you want to move abroad with your children, or take them out of the country for an extended period of time, you will need either the agreement of the other parent or the permission of the court. If you fail to obtain this approval, removing the child from the jurisdiction...

Children and contact


The court recognizes that, generally, both parents should play a full role in children’s lives. When deciding with whom a child shall live and how much time they spend with the other parent, the primary concern will be the welfare of the child. Younger children will...

Stages in a Children Act application


There are three key stages in proceedings under the Children Act 1989: the First Hearing and Dispute Resolution Appointment (FHDRA), the Dispute Resolution Appointment (DRA), and the Final Hearing.  When the court makes any order in relation to a child, its...

Parental Alienation


What is parental alienation? Parental alienation describes a situation where a child has been coerced, manipulated, or otherwise pressurised to align themselves to one parent against the other. The child is essentially ‘turned’ against one parent by...

Mothers’ rights


When considering mothers' rights, the law starts from a point of view that children benefit from spending time with both parents. More often than not, a child will live with the person who historically did most of the caring. For many families, this will be the mother....

Fathers’ rights


Separating parents can wonder what rights a father has following a divorce. Though children often live with their mother after their parents separate, this is in no way an automatic assumption. The courts will always start with the presumption that it is in the...

Grandparents’ rights in divorce


Many grandparents play a key role in the upbringing of their grandchildren. They can worry what rights grandparents have if the parents decide to divorce. Vardags understand that a difficult consequence of divorce can be a relationship breakdown or deprived time with...

CAFCASS


The Children and Families Court Advisory and Support Service (CAFCASS) is a public body which is involved in children proceedings in the family courts. Their mission is to make sure that children's voices are heard and decisions are taken in their best interests. It is...

Do I need permission to take my children on holiday during a divorce?


Many parents are unaware it is a criminal offence to take their child abroad if they do not have the permission of every person that has parental responsibility. This is more likely to be an issue where a couple has separated. If you’re considering or going...

Responsibility of children


Parental responsibility is defined as “all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and the child’s property”. What is not widely recognised is the fact that not all biological...

How are children’s living arrangements decided by the courts in a divorce?


When a couple separates, a really important issue moving forward will be the care of any children. This is not dealt with as part of the main divorce process, but separately, in the same way that the separation of finances is a separate process. Dealing with this issue is...

Parental Alienation Cases


The concept of parental alienation is receiving much media attention, and the approach by Family Courts in England and Wales is still evolving. Identifying Parental Alienation Parental Alienation is a form of psychological manipulation by one parent which interferes...

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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