The Courts can resolve disputes concerning children. The most common dispute concerns with whom the children should live. UK courts can make residence orders to settle this. The Courts are sensitive to the need to protect children from being pressured to take sides or make choices. Another common issue is contact with the child. The Courts consider that regular contact is mostly desirable although the practice of how it is achieved varies depending on the family circumstances.

We are sensitive to the difficulties faced by clients when attempting to provide for and secure the welfare of children, following a relationship breakdown. We have significant experience to assist you in:

  • Residence/Contact disputes
  • Prohibited steps – including child abduction
  • Specific issue including applications for Orders allowing children to leave the jurisdiction and resisting such orders
  • - Parental Responsibility
  • - Child Arrangement Orders
  • - Orders for Disclosure of a Child's Whereabouts
  • - Applications to Vary or Discharge a Child Arrangement Order
  • - Applications to enforce a Child Arrangements Order
  • - Applications to remove a Child / Children from Jurisdiction
  • - Grandparents Rights

The Children Act states that the child’s welfare should be the Court's paramount consideration when a Court determines any question with respect to either the upbringing of the child or the administration of a child’s property or application of income arising from it.

We can also advise grand-parents and other members of the extended family on the above orders and a Special Guardianship Order. This is ideal for those clients who want a child to live with them because the child cannot live with their parents. It may also be that social services have provided a kinship assessment recommending a Special Guardianship Order. We are experienced in dealing with cases of this nature and we may be able to obtain funding from the local authority in such cases.

In making any of the Orders mentioned above, the Courts will carefully consider various matters including the following:

  • The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding).
  • The child’s physical, emotional and educational needs.
  • The likely effect on the child of any change in circumstances.
  • The child’s age, sex, background and any characteristics of the child which the Court considers relevant.
  • Any harm that the child has suffered or is at risk of suffering.
  • How capable the child’s parents are and any other concerned person whom the Court considers is relevant to meet the child’s needs.
  • The range of powers available to the Court under this Act in the proceedings.

Professional fees:

Normally, instructions in respect of matters related to children in a divorce are based on an hourly rate of £300 +vat equating to £360 (if applicable).  All disbursements are additional such as the court fee which is £232 for making an application for child arrangement order. 

Our scope of work usually includes meeting with one of our experienced solicitors to establish the details of your case, advice on your option(s) and merits in the matter, guidance in collating supporting and relevant documents, preparing and submitting the application. We assist with the drafting of witness statements and instruct a barrister for representation at court depending on the complexity of the matter. 

Time scale:

Upon receiving instructions, we shall provide a comprehensive list of documents tailored to your individual circumstances. If your matter is urgent it will be dealt with as a priority. As soon as we have received the requested information and supporting documents and we have reviewed your matter, we shall prepare and submit your application with the court. We shall keep you informed of the progress of your matter throughout the entire application process.

Please contact us today for further advice and assistance on 020 3002 9147, 075 8293 2830 or email us at info@aschfordslaw.com.