We understand the importance of safeguarding and prioritising your children’s best interests, especially after a divorce or separation, when it can be difficult for parents to reach agreements on decisions regarding their children.  

In the UK, child custody is referred to as “child arrangement orders.”  This change in terminology was a deliberate move to reflect a more modern understanding of parenting after separation and signifies a move away from the concept of ‘winning’ or ‘losing’ custody.

Child arrangement orders outline how much time the children should spend with each parent, whether a parent should be allowed to relocate with the children within the UK or abroad and issues relating to the children’s upbringing, such as healthcare decisions and education. Child arrangement orders are designed to protect the child’s best interests, taking into account their physical, emotional and educational needs.  

The presence of domestic abuse when navigating child arrangements is extremely difficult and if there are any allegations of domestic abuse, the court can provide ways to protect vulnerable parents in the court process.  Whilst there is no blanket ban on a domestic abuse perpetrator having contact with their children, the child’s welfare will be the court’s paramount consideration, and the court will consider the impact any arrangement may indirectly have on the parent who has been the victim of domestic abuse. Whether direct contact is appropriate will depend on the circumstances of each case and the court may impose additional safeguarding measures, such as ordering that contact is supervised.

The court will also consider any allegations of parental alienation which refers to a situation where one parent deliberately or unconsciously tries to damage or undermine the relationship between the child and the other parent.  This often involves coercion, manipulation or the use of negative language or behaviour to turn the child against the other parent.  Parental alienation can have long-lasting emotional and psychological effects on the child and any such allegations need to be dealt with sensitively and in a timely fashion.

Our team of experienced and compassionate Family Lawyers is here to offer support and guidance in dealing with these matters.  Whenever possible, we will always encourage and advocate for a collaborative approach to resolving family disputes, as it is the least stressful option for all concerned.

While many parents are able to reach a resolution through negotiation, mediation or collaborative law, if court proceedings become necessary then we are here to represent you through the process.