Children arrangements and relocation
The court asks one question: what is best for this child? Not what is fair between the parents, not who was at fault, and not what either parent deserves.
Most arrangements do not need a court
And that is the right outcome where it is achievable. Parents who reach their own arrangement usually produce something better suited to their child than an order, and they keep a working relationship that will matter for years.
Where you do agree, the arrangement can be recorded in a consent order, which gives certainty without a contested hearing.
Where agreement is not possible
A child arrangements order determines who a child lives with and spends time with. The court’s paramount consideration is the child’s welfare, assessed against a statutory checklist that includes the child’s own wishes and feelings in light of their age and understanding, their physical, emotional and educational needs, the likely effect of any change, any harm suffered or at risk, and how capable each parent is of meeting their needs.
There is a presumption that the involvement of each parent furthers the child’s welfare, unless the contrary is shown — but that is a presumption about involvement, not about equal time. Equal division is not a starting point and the court does not begin from what is fair between adults.
Relocation — moving abroad with a child
Among the most consequential decisions the family court makes, and one of the hardest cases to run on either side.
What the court considers: the genuineness of the motivation for the move and whether it is realistically planned — accommodation, schooling, work, support; the effect of refusal on the applying parent and therefore on the child; the effect on the child’s relationship with the other parent and whether contact can realistically be maintained across the distance; and the child’s own wishes, according to age and understanding.
Where a child has been taken already
If a child has been removed from the UK without consent, or is not returned after a visit, act immediately. There are international mechanisms for securing a child’s return, and they operate on tight timescales where delay genuinely damages the prospects. This is not a situation to wait on.
What we do
Advise on arrangements and help you reach one without court where that is possible. Prepare and run applications where it is not. Relocation applications, for and against. Urgent applications where a child has been removed or there is a risk of removal.
What it costs
£400 per hour plus VAT, with a stage-by-stage estimate. Children proceedings are difficult to fix as a single fee because the number of hearings depends on the case, but individual stages can be fixed and we tell you what to expect.
Questions
Questions people ask us
At what age can a child decide who to live with?
There is no fixed age. A child’s wishes are considered in light of their age and understanding, and carry increasing weight as they get older — but they are one factor among several, not a decision handed to the child.
Is the starting point equal time?
No. There is a presumption that each parent’s involvement furthers the child’s welfare, but that is about involvement rather than equal division. Arrangements are built around the child’s needs and the practical realities.
Can I take my child abroad on holiday?
Not without the consent of everyone with parental responsibility, or a court order — unless you have a child arrangements order saying the child lives with you, which permits shorter trips. Get written consent, and check the position before booking.
Can I move abroad permanently with my child?
Only with consent or the court’s permission. These applications turn substantially on the quality and realism of the plan, so take advice before making arrangements you may not be permitted to carry out.
Do we have to go to mediation?
Usually you must attend a meeting about it before applying, with exceptions including where there has been domestic abuse. Many cases resolve there.
My child has been taken abroad without my consent. What do I do?
Take advice today. There are international mechanisms for securing a return and they work best when invoked quickly. Delay materially damages the prospects.
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