Children and divorce

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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...

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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...

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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...

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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...

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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...

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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....

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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...

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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...

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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...

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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...

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Handling False Allegations in Custody Cases

Allegations raised during child arrangement proceedings can significantly affect both the process and the emotional experience of separation. Where allegations are disputed or believed to be unfounded, the situation becomes particularly difficult, requiring careful handling...

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How to Deal With High-Conflict Co-Parenting Situations

Co-parenting following separation can be challenging even in cooperative circumstances. Where conflict between parents is ongoing or entrenched, those challenges are often magnified, with emotional, practical, and legal implications. High-conflict co-parenting situations...

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Parallel Parenting: When Co-Parenting Doesn’t Work

For separated parents, co-parenting is often the ideal — maintaining open communication, mutual respect, and shared decisions for the benefit of their children. But in high-conflict or emotionally charged situations, co-parenting can become impossible. When constant...

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At What Age Can a Child Refuse to See a Parent in the UK

Following a separation or divorce, one of the most emotionally charged issues for parents is contact — when and how children spend time with each parent. It’s not uncommon for one parent to ask, “At what age can my child refuse to see the other parent in the...

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Divorce & Parental Rights: What You Need to Know

If you are considering or going through a divorce, you may be concerned about your parental rights, particularly your rights to see your child. In this guide, we outline the key things you need to know about your parental rights, particularly if you have separated from...

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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...

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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...

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Parental 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...

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The Voice of the Child in Family Proceedings

When family disputes involve children, questions often arise about whether, and how, a child’s wishes should be taken into account. In England and Wales, the family court recognises the importance of listening to children, while also acknowledging the need to protect...

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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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Children and divorce

Types of children orders

International relocation of children

Children and contact

Stages in a Children Act application

Parental Alienation

Mothers’ rights

Fathers’ rights

Grandparents’ rights in divorce

CAFCASS

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

Handling False Allegations in Custody Cases

How to Deal With High-Conflict Co-Parenting Situations

Parallel Parenting: When Co-Parenting Doesn’t Work

At What Age Can a Child Refuse to See a Parent in the UK

Divorce & Parental Rights: What You Need to Know

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

Parental Alienation Cases

Parental Responsibility of Children

The Voice of the Child in Family Proceedings

What our clients say

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