Child Custody Cases - How a Lawyer Can Help You

Article Written By: ArcticAl

It can be extremely distressing when a relationship breaks down, and break-ups can be very complicated, particularly when there are children involved. The term child custody is no longer used in U.K law. Instead, what used to be referred to as child custody is now called child residence. This refers to where your child or children will live. It is possible for them to live primarily with one parent, with the other parent having regular "contact" (previously known as "access"), or for them to live at each parent's home for part of their time ("shared residence").

If you are separating from your partner, you'll both want the best for any children that you have. However, there are many decisions that you'll need to make regarding your children, including where they will live and how frequently they will see each parent. You may find that you and your ex-partner find it difficult to agree about some issues, and a child custody lawyer will be able to discuss your options with you.

Sometimes, parents can reach an agreement about where their children live between themselves. If this is the case, you can use a solicitor to finalise and confirm these arrangements. However, if you can't agree, your solicitor can help you to come to an arrangement. Initially, this could be reached through mediation with your ex-partner. This means that you and your ex-partner can meet to discuss the issues surrounding your children in a neutral environment and in the presence of a trained mediator. This can help to reduce the levels of emotion involved, and could help you and your partner reach a decision with which you are both happy.

However, if you and your ex-partner are unable to reach a decision between you about where your child or children will live, either of you can apply to a family court for a residence order. If you want to apply for a residence order, your solicitor will be able to explain the process to you and prepare your application for you. If your ex-partner is applying for a residence order, your solicitor will be able to help you respond to this application and help you prepare your case for court.

Court proceedings can take some months and there are several stages to them. You may need to attend several hearings and the situation will usually also be assessed by Children and Family Court Advisory Support Service (CAFCASS) Officer. Your solicitor will be able to guide you through each stage of this process and help you to prepare for it.

A divorce or separation can be a difficult time financially, as well as emotionally, and you may be concerned about the costs associated with a court case. However, although you can represent yourself in a family court, it's advisable to use a solicitor, as his or her experience and understanding of the way in which the process works will be invaluable. Many firms of solicitors offer free initial interviews and will be able to advise you about your funding options should you decide to proceed with your case.

You may, depending upon your financial circumstances and whether or not your solicitor's firm is approved for Family Law work by the Legal Services Commission, be entitled to claim for Public Funding (also known as "legal aid"). If not, your solicitor will be able to give you some idea of the potential costs involved before you go ahead with your case.

About the Author

Michelmores Solicitors is a leading legal firm, with offices in London, Exeter and Sidmouth. Michelmores provides legal services in a number of practice areas, including family law.

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