Our Services:  Children Issues

If you are separating and have children, their wellbeing is likely at the centre of everything you are thinking about.

You may be worried about where your children will live, how often they will see each parent, and how to make sure they feel secure as family life changes. Talking through these things can be some of the most difficult parts of a separation: alongside the practical arrangements, there is naturally a great deal of emotion involved.

At Harbour Family Law, we support parents through child arrangements with clear, thoughtful legal advice. We can help you during early discussions, advise you through mediation and negotiation, and represent you in court if you apply for a Child Arrangements Order.

Our focus is always on helping you move matters forward in a way that protects your child’s wellbeing. We know these situations are deeply personal, and we will work with you carefully and sensitively to help you find a way forward that is best for everyone with minimal conflict.

Specialist Experts in Child Arrangements

Since Harbour Family Law was founded in 2013, we have helped hundreds of separating and divorcing parents put arrangements in place for their children. With offices in Bristol, Clevedon and Portishead, we support families across the wider Bristol area with specialist expertise and empathetic advice to demystify the legal process.

All of our solicitors are members of Resolution, an organisation of family law professionals committed to resolving issues in a constructive and non-confrontational way. Our Directors include both the current and former Chair of the Bristol Resolution Committee. Together, we protect co-parenting relationships and reduce the strain that legal disputes can place on children and the wider family.

We always try to encourage approaches that help families reach agreement outside court. Members of our team are trained in collaborative law, which can help parents to work through child arrangements with legal support in a constructive setting, without the threat of litigation looming.

Your Initial Consultation

During your first meeting with one of our family lawyers, you will have the opportunity to explain your situation in full and talk through any immediate concerns.

No one knows your family better than you do, so your solicitor will listen carefully before asking questions to build a clear picture of what is happening, what matters most to you, and what you want to achieve. Your child’s wellbeing will be at the heart of our advice, always.

From there, your solicitor will explain the options available to you, answer any questions you may have, and help you understand the next steps. They will also be able to give you an estimate of likely costs.

Your initial consultation can run for up to 90 minutes, for a discounted 60-minute flat rate.

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Child Arrangements in Divorce and Separation

 

When parents separate, there’s a lot of big questions to mull over: Where will the children live? How will their time be divided between each parent? How will we manage it all day-to-day?

Beyond that, there’s a host of smaller problems to tackle, such as new school routines, holidays, special occasions, and activities. These things can become difficult later on if expectations weren’t set at the start.

Not every arrangement needs to be rigid, and flexibility is helpful, but having a shared understanding can make the transition easier for both parents and children. If or when your children are older, their wishes should be taken into account too.

These conversations are never easy ones, but with the right legal guidance and a focus on your child’s best interests, a workable agreement can almost always be reached.

Parental Disputes

If parents are unable to agree arrangements between themselves, the next step is mediation.

Mediation isn’t suitable in every case, particularly where domestic abuse is involved, but it can help many families have more productive discussions in a supported setting.

We can help you prepare for mediation by explaining your legal position and advising you on what issues need particularly careful consideration. If matters aren’t resolved through mediation, we can support you in further negotiations, whether that is through solicitor correspondence, direct discussions, or court proceedings if it comes to it. We may also recommend extra support such as counselling in this period, for you, your child, or both.

''When you're dealing with emotionally driven matters that involve your children, all you want is to get the best advice that's easy to understand and gets the best outcome for everyone. Nicky came highly recommended to me for a reason - she is friendly, approachable, and 100% knows her stuff. Nicky put my mind at ease and I cannot thank her enough for that.''

Mr. G

Childen Act Proceedings

Child Arrangement Orders

 

If parents work through mediation and solicitor-led negotiation but are still unable to reach an agreement about their children, it may be necessary for the court to intervene and make a decision.

The court can make different types of orders depending on the issue involved. These include:

  • Child Arrangements Orders – Deciding where a child lives and how they spend time with each parent
  • Prohibited Steps Orders – Preventing a parent from making a particular action in relation to a child
  • Specific Issue Orders – Resolving a particular disagreement about a child’s upbringing
  • Consent Orders – Making an agreement already reached between parents legally binding

 

These orders can be applied during a separation, or later on, if problems crop up in an existing co-parenting arrangement. We can guide you through whatever application you need and advise on how the court is likely to approach your case. If it goes to a hearing, we will thoroughly prepare things with your barrister and be on hand to answer any questions you may have.

Resolving Child Disputes Through Collaborative Law

If a child’s wellbeing is at risk or one parent is unwilling to engage, you will need to go through the court, but ordinarily, families would prefer to avoid this where it is safe and appropriate, and collaborative law is the most constructive alternative. This is where the parents work with specially trained solicitors and make a formal commitment to resolve matters together rather than through contested court proceedings.

In collaborative law, we create a space for calm and open discussion on what is best for your child, and what is workable for the family on a practical level. This approach is cheaper, more manageable, and less disruptive than court, and it gives you a say in the outcome.

Speak to a Legal Expert

Child arrangement FAQs

  • What is a child arrangements order, and when is it necessary?

– A child arrangements order is a legal agreement that sets out where a child will live and how much time they will spend with each parent after a divorce. It is necessary when parents cannot agree on child arrangements themselves, and it is in the best interests of child protection and wellbeing to have a court make a decision.

  • How are child arrangements decided in a divorce, and what factors are considered in making this decision?

– Child arrangement (formerly known as child custody) is decided based on what is in the best interests of the child. Factors that may be considered include the child’s age, gender, health, and well-being, the parent’s ability to provide care, and the child’s relationship with each parent. This may be decided by parents out of court, or as the result of a court order.

  • Can child arrangements be changed after the divorce, and if so, how?

-Yes, care arrangements can be changed after the divorce if there is a significant change in circumstances. This can be done by either negotiating a new agreement with the other parent or by going back to court to request a modification. Child law solicitors can help with this.

Read our blog ‘Can Child Arrangements Orders be Changed?’ here .

  • What happens if parents cannot agree on child arrangements after the divorce?

-If parents cannot agree on arrangements after the divorce, they may need to go to court to have a judge make a decision. It is generally recommended to try and resolve any disputes outside of court through mediation or negotiation.

  • What is the legal process for Care Proceedings?

-If social services have concerns about a child’s welfare, they may make an application to the court, including relevant reports and statements. Those with parental responsibility will receive copies of these and may hire a solicitor.

The care plan and any issues will then be resolved over a number of hearings, aiming for all parties to reach an agreement. If social services believe children must be removed from their parents care for their safety at any point, they will ask the court for an interim care order or emergency protection order.

  • How can parents help their children adjust to the changes brought about by divorce and changes in child arrangements?

-Parents can help their children adjust to divorce and changes in child arrangements by providing reassurance, consistency, and stability. This includes keeping children informed about what is happening and why, maintaining routines and schedules as much as possible, and putting their needs first. Counselling or therapy may also be beneficial for children who are struggling to cope with the changes.

  • What will my first consultation with Harbour Family Law be like?

Read our post about this.

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