Child Residency

If you are getting divorced or separating and you have children, deciding where they will live can be a challenge. While this is often still referred to as ‘child custody’, or ‘child residence’ the more correct term is ‘child arrangements’, as this reflects the more collaborative, non-confrontational approach taken to deciding arrangements for children in most modern divorces.

Our family law solicitors can assist with sorting out child arrangements during divorce and separation, making sure your children’s best interests are kept at the heart of the decisions you make.

Wherever possible, we will help you reach an agreement voluntarily through non-confrontational methods such as mediation or collaborative law . This can help you to make arrangements faster, as well as keeping things much more amicable and saving on legal fees.

We can advise you on the various options you may be considering, including:

Joint Residence/Custody: A Collaborative Approach to Parenting After Separation

Joint residence or joint custody is when both parents share the responsibility of looking after their child. In the UK, this is typically referred to as shared care or shared parenting, and it reflects a modern, balanced approach to child arrangements after divorce or separation.

When parents share joint custody, the child spends substantial time with both parents, and decisions about the child’s upbringing—such as schooling, healthcare, and religious upbringing—are made jointly. This arrangement is often considered the ideal because it ensures both parents remain involved in the child’s life.

For joint custody to be successful, it’s essential that both parents are able to communicate and cooperate effectively. The family court may encourage or approve joint custody arrangements if both parents can show they are committed to working together for the child’s best interests.
Sole Residence/Custody: When One Parent Becomes the Primary Caregiver

Sole residence or sole custody means that one parent is granted primary responsibility for the child’s care and residence, while the other parent may have access or visitation rights. Sole custody is typically awarded when the court determines that it is in the best interests of the child for them to live primarily with one parent. This may occur when there are concerns about the other parent’s ability to provide adequate care, such as issues relating to safety, wellbeing, or other factors that might impair the child’s development.

It’s important to note that sole custody does not necessarily mean the non-residential parent is excluded from the child’s life. The court may still order regular contact or visitation, provided it is safe and beneficial for the child.

While some parents might prefer sole custody arrangements, it is often seen as a last resort when joint custody is not possible due to conflicts or other serious issues.
Taking Children Abroad: Legal Considerations and Parental Consent

When one parent wants to take their child abroad, whether for a holiday, long-term relocation, or any other reason, there are important legal considerations to bear in mind. If both parents have parental responsibility, it’s essential that both consent to the child leaving the country. Taking a child abroad without the other parent’s consent may lead to serious legal consequences, including accusations of child abduction.

In cases of separation or divorce, where parents may not be on good terms, it’s often advisable to seek the consent of the other parent or to obtain a court order allowing the child to travel abroad. For longer-term moves, particularly those that involve relocating to another country permanently, a more formal court order may be required to ensure that the decision is in the best interests of the child and complies with UK family law.

In some cases, the court may agree that moving abroad is in the child’s best interests, for example, if it will improve the child’s quality of life or provide a better opportunity for a parent’s career. However, the court will always consider the child’s welfare first and foremost.

With many decades of specialist expertise and strong skills in alternative dispute resolution (ADR), we can help you get the best outcome for your children, no matter how difficult your circumstances.

Talk to us about making residence/custody arrangements for your children

For expert advice on child residence and related issues, you can speak to our family lawyers in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.

Have a quick question or want to request a call back? Use our online enquiry form.

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How our child custody solicitors can help you

Agreeing child arrangements voluntarily

It is almost always possible to make child residence arrangements voluntarily through agreement with your former partner. This is generally the best option for your children, as it makes it easier for you to maintain a positive relationship with their other parent.

We offer various methods for helping you achieve a voluntary agreement on child residence:

Mediation

This involves you and your former partner meeting with a trained mediator who acts as a neutral third-party to help you agree the details of your divorce, including arrangements for your children. This process encourages you to reach agreement on any areas of conflict while keeping things amicable and focused on a positive outcome for everyone.

Find out more about our divorce mediation services.

Collaborative law

Where one of our trained collaborative lawyers will support you in a four-way ‘round-the-table’ meeting with your former partner and their lawyer (who must also be trained in collaborative law). This allows you to negotiate the details of your divorce while having the support of your own expert legal representative with you at all times.

Find out more about our collaborative law services.

How Do I Apply for a Child Arrangements Order?

Should you be unable to reach a decision through non-confrontational means, we can support you in applying to a court to make a Child Arrangements Order. This means than a judge will listen to both parties’ arguments, then decide where your children will live.

If you need to apply to a family court for a Child Arrangements Order, we can support you through every stage of the applications process and ensure you have the best possible representation for your hearing. We can also advise you on the appeals process if you are unhappy with the judge’s ruling.

Why Choose Thornton Jones for help with child residence and custody?

Our family law team have made years of experience advising parents on child residence issues during and after divorce and separation. We can offer exceptional legal expertise, clear communication and empathetic personal support to help you get the right outcome for you and your children at this difficult time.

We are accredited by Resolution for Family Law demonstrating our expertise in handling all family law matters, including those related to child residence.

With strong skills in alternative dispute resolution (ADR), we can give you the best chance of securing a positive outcome without the need for court proceedings. We truly believe this is the best approach for resolving child residence issues in the vast majority of cases, so can offer a real commitment to helping you avoid court proceedings wherever possible.

What is the difference between ‘child custody’ and ‘child arrangements’?

The term ‘child custody’ is no longer commonly used. The correct legal term is ‘child arrangements’. This reflects a more modern, cooperative approach to deciding where children will live and how they will spend time with each parent, rather than a legal battle for control. Child arrangements are usually agreed upon by parents, but if an agreement cannot be reached, the court can make a decision based on the best interests of the child.

How do courts decide child arrangements if parents cannot agree?

If parents are unable to reach an agreement on child arrangements, they may seek help from the family court. The court’s primary consideration is the best interests of the child, which includes their emotional, physical, and educational needs. The court may consider factors such as the child’s age, any special needs, the child’s wishes (depending on their age and maturity), and the ability of each parent to meet the child’s needs. Mediation is often encouraged before court involvement.

What is parental responsibility, and how does it affect child arrangements?

Parental responsibility refers to the legal rights and duties a parent has in relation to their child. This includes decisions about the child’s education, healthcare, and welfare. In the UK, both parents generally share parental responsibility, whether or not they are married to each other. Parental responsibility can impact child arrangements, as both parents must be involved in key decisions regarding the child’s upbringing, unless there are specific orders to the contrary from the court.

Can children choose which parent they want to live with?

Children do not have an absolute right to choose which parent they live with. However, in the UK, as children get older, their wishes may be taken into account. The older and more mature the child, the more weight the court may give to their views, but this is only one factor in the decision. The court will always make a decision based on what is in the best interests of the child, considering all relevant factors.

Can a parent stop the other from seeing the child?

In most cases, both parents are entitled to spend time with their child, and one parent cannot unilaterally stop the other from having contact unless there are safeguarding concerns. If one parent wishes to restrict or prevent contact, they must provide evidence of a genuine risk to the child’s welfare. If an agreement cannot be reached, the matter can be taken to court, where the judge will decide what arrangements are in the child’s best interests.

Contact our child custody solicitors today

To arrange an initial consultation with our family lawyers about child residence, you can contact our local offices in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.

Have a quick question or want to request a call back? Use our online enquiry form.