As parents living together, you are used to living with your children and seeing them all the time. Similarly, your kids have only ever shared a home with you both and will be used to spending time with both of you together. When you separate or divorce, your child or children will usually split their time between you and your former spouse or partner.
This can be really difficult for both parents, who must adjust to having periods of time away from their children. It can be hard, of course, for the children themselves, who need to get accustomed to spending time with each parent independently.
Our children and family law solicitors appreciate how upsetting this can be and will support and guide you through the process sensitively and with compassion.
Importantly, you do not need to obtain an order from the court to decide where your children will live. This can be agreed between you. If you can’t agree using out-of-court methods, you may need to apply to the court.
Does a mother take precedence in child arrangements after a divorce or separation?
No, in the UK, there is no automatic preference for the mother in child arrangements after a divorce or separation if you apply for a court order. The child’s welfare is the court’s number one consideration when making decisions about child arrangements. The judge will look at all the relevant factors in your case to determine what living arrangements and contact with each parent will be best for your child.
The court will consider:
the child's age, wishes and feelings (given due weight according to the child's maturity)
the child's physical and emotional needs
the child's relationship with each parent and other significant individuals
the capacity of each parent to meet the child's needs
the likely effect of any change in the child's circumstance
In recent years, there has been a move towards shared parenting arrangements, where the child spends significant time with both parents. However, this is not always the best option for every child, and the court will make a decision based on the specific circumstances of each case.
Child relocation
Child access arrangements are usually straight forward to manage when both parents live local to each other. Sometimes, however, one parent may want to relocate with the child to a new area, some distance away from the other. They may have received an attractive job offer, met a new partner or want to be closer to family. This situation can cause considerable upset and stress, particularly for the parent potentially left behind, and often leads to significant conflict.
We act for parents on both sides of the issue. To minimise the impact on the child, our children and family solicitors strive to find a solution acceptable to all involved without needing to go to court. If the parent is intent on the move, negotiations will focus on matters such as the frequency of visits to or by the remaining parent, and associated travel costs.
If a couple cannot reach agreement amicably, the parent who wants to relocate can apply for the Court’s permission, or the remaining parent can ask the Court to prevent the move.
The law governing child relocation is complex and difficult to navigate, with different rules applying to proposed moves within the UK and outside of it. Our specialist children and family solicitors will comprehensively advise you on your options and work hard to ensure your interests are protected, with regard to the welfare of your children at all times.
