It’s always best if arrangements for children can be made directly between the parents. If this is possible, our specialist family law solicitors can draft a Parenting Plan setting out the agreements reached and, where appropriate, a draft Order for the court’s approval.
If you need help in reaching a solution our expert children lawyers can guide you through the options including: solicitors’ correspondence, mediation and arbitration, roundtable meetings and other forms of dispute resolution.
Sometimes it may be necessary to issue a court application. In all cases we’ll ensure you maintain the strongest possible co-parenting relationship. We always prioritise the best interests of your children. Our children law solicitors have extensive experience in all areas of children law proceedings, including complex cases where there are serious allegations of abuse and the involvement of agencies, such as Social Services.
There are three main Orders available through the court under the Children Act 1989 to deal with disputes about children:
A Child Arrangements Order deals with the issues which previously used to be called Residence and Custody. The Order sets out:
A Prohibited Steps Order is used to limit when certain parental rights and duties can be exercised, for example, preventing a child from being removed from their school or being taken abroad. Once a Prohibited Steps Order is made the other parent is prevented from taking that step without the consent of the court.
If you can’t agree on a decision relating to your child’s care, aside from contact and who they live with, you will have to issue an application for a Specific Issue Order.
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These applications can deal with issues including:
We specialise in cases dealing with relocation and Leave to Remove, which require careful preparation whether acting for the parent who wishes to move or the parent opposing this. We regularly successfully act for parents wishing to move to Asia, Australia and Europe.
We’re highly regarded specialists and independently recognised as leaders in the field of Family Law by the Legal 500 and Chambers UK, who highlight the team as being ‘particularly known for its very high levels of client service.’
The firm has won several awards in recent years. Latest awards – The Lawyer’s London Law Firm of the Year and LexisNexis Legal Award – The Law Firm of the Year 2019.
Our aim is always to resolve disputes outside court by way of agreement. We can offer mediation and collaborative options, although in our experience, solicitor-led negotiation most often results in successful agreement.
"I have received excellent advice from Hodge Jones & Allen and the support staff have been very supportive throughout the process. They understand the human side of the matter and go out of their way to assist." - Chambers UK, 2024
"The family team at HJA is unique in London. The team has strength in depth across all areas of family law."- Legal 500, 2024
There is no one size fits all approach and the cost would depend on your individual circumstances.
We’ll take the time to get to fully understand your situation and needs, so our lawyers can provide you with a clear cost estimate, with transparency about the approach to costs.
For most Family Law matters, we would be able to offer a fixed consultation fee for £400 + VAT. We would ask for documentation and information from you beforehand, assess your case, and advise you of your position and the best course of action. You will also be able to ask all of your key questions at that meeting.
When making any decision, the court’s paramount consideration is the welfare of the child.
The court will always give the following three principles the highest priority:
The court will also have regard to the following criteria, which is called the Welfare Checklist:
The court fee to issue an application is £215. (June 2019)
Parental responsibility is defined in the Children Act 1989 as “all the rights, duties, powers and responsibilities and authority that, by law, a parent of a child has in relation to the child and their property.”
In practice, a person with parental responsibility is entitled to have a say in key decisions about a child’s life, such as:
A mother automatically has parental responsibility for her child from birth and will not lose it if she separates from the father or divorces. Married fathers automatically have parental responsibility and will not lose it if they divorce.
Unmarried fathers do not automatically have parental responsibility. However they can acquire it in a number of ways.
We frequently advise parents and individuals, including step parents and grandparents, who wish to obtain parental responsibility.
Same-sex partners will both have parental responsibility if they were civil partners at the time of the child’s conception, if this was after 6 April 2009 e.g. donor insemination or fertility treatment.
For same-sex partners who are not civil partners, the 2nd parent can consider obtaining parental responsibility.
You do not always need to get the consent of the other parent for routine decisions relating to parental responsibility, even if they also have parental responsibility.
If it’s a major decision – for example, one of you wants to move abroad with the children – all individuals with parental responsibility must give their consent or it will be necessary to apply to court for a Specific Issue Order or a Prohibited Steps Order
