Child Law Solicitors

If you share parental responsibility, you must have the other parent’s consent or a court order to take your child abroad. Taking a child without permission could be considered child abduction under the law. If you are unsure, seek legal advice before making travel arrangements.

If a parent breaches a court order, you can apply to the court to enforce it. Courts take non-compliance seriously and can impose penalties, including fines or changes to arrangements, to ensure the child’s stability and well-being.

There is no automatic right that children should live with their mother. Both parents are treated equally in the eyes of the court. The court’s only concern is ensuring that the arrangements are in the best interests of the child. A child has a right to a relationship with both of their parents, providing it is safe. Fathers who do not hold parental responsibility for their child will need to apply for permission to make an application to court, whereas mothers will always hold parental responsibility at birth.

Yes, an application can be made to court to vary the arrangements. This might be necessary if there is a change in circumstances, such as one parent wishes to relocate with the child, or there is a safeguarding risk. We can support you to try and reach an agreement in the first instance, to try to avoid further court proceedings.

The court’s primary consideration is the child’s best interests. Factors such as the child’s welfare, stability, relationship with each parent, and living arrangements are considered. If parents can agree the arrangements then court proceedings are not typically necessary and we can assist to draw up a Parenting Plan. When parents have a different view about what is best for their child, or there are safeguarding concerns, a court application may be needed, and the court will ultimately make the decision about what is in the child’s best interests.