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What is child residency / child custody?
Child residency (also known as child custody) focuses on the living arrangements for your child, post parental split.
A child residency agreement will outline where the child spends most of their time, how often they see each parent, how holidays and special occasions are taken into account, and what happens if any plans change. These agreements can be organised directly with your ex-partner, or through mediation.
How to apply for child residency
If you don't currently have access to your child, or are concerned about formalising a child residency arrangement in the wake of a divorce, it’s best to speak to a solicitor, who can assess your situation and tell you what to expect. You may want to start with mediation before going the legal route.
What is parental responsibility?
Parental responsibility means you need to be involved in the big decisions in your child’s life, even if you aren’t the resident parent (your child lives with you most of the time). You have parental responsibility if you are named on the birth certificate, or if you’ve obtained a Parental Responsibility Order.
Frequently asked questions
What do I do if my ex-partner won’t let me see my child?
Ideally, your ex-partner will agree to mediation, which would help you find a way to compromise around your child’s time and how it’s spent. If your ex-partner refuses mediation, you will need to speak to a solicitor who can guide you through getting a court order.
Can I refuse child contact?
Concern about your child’s safety with your ex-partner is the only reason residence or access would be denied. If you are concerned, you can get an Emergency Residence Order, which would limit parental responsibility to whoever has the order. These orders are only used in the case of harm or potential harm to the child.
Should we use mediation for child contact arrangements?
Using mediation is the best option if you are on fairly good terms with your ex-partner, but just want some help in coming to a fair agreement that benefits your child. If mediation has been rejected, or you cannot get any access to your child, speak with a solicitor.
What are contact rights for grandparents?
There are no automatic legal rights given to grandparents. You should start with mediation if you are concerned about your grandchild’s safety. If the mediation doesn’t work, Your solicitor may advise you to get a court order.
How much will arranging child residency cost?
Mediation and solicitor fees vary. These will be based on the time taken and the complexity of your case. If you are applying for a court order, this will be around £215. Speak to a solicitor to get a better idea of what pursuing child residency might cost for you.
