Five FAQs about child residence and contact


Is there anything I can do to prevent my child being taken out of the country?

Generally both parents have to agree if one parent wants to take their child out of the country. However, if you have a ‘residence order’ in place, you can legally take your child overseas for up to one month without permission from their other parent. As it is illegal to take a child abroad without the consent of a parent with parental responsibility, you should consult with a family law solicitor if you are concerned that your child may be taken abroad without your permission.

Can the courts help me stop my child being taken outside of the UK?

There are a number of options that your family law solicitor will outline for you. It is possible to obtain a court injunction or a parental responsibility order. Alternatively, your child could be made a ward of the court. Each option needs to be carefully considered as they have varying legal implications.

How much contact will I have with my children after my divorce is final?

You will usually have one of three types of contact: direct, indirect and supervised contact. The terms of your divorce will include what type of contact you can legally have. In most cases this will be direct contact, but your solicitor can explain the restrictions associated with indirect and supervised contact, as they are important to fully understand.

What if I can’t agree with my ex-partner about contact with our children?

The courts will want to see that you have attempted to use mediation to resolve your disagreements. Your family solicitor can advise you throughout mediation, although they are not allowed to attend the sessions in person. If mediation fails, you can ask the court to make a decision about contact with your children. The court’s decision will be legally binding on all parties.

Why should I use a solicitor for child residence and contact issues?

Questions regarding where your will children live, whether they can be taken out of the country, and how much contact you can have after your relationship has broken down can are all important questions for any parent. In addition, parents have certain legal rights in regard to their children. A family law solicitor can help you protect your rights in relation to your child and ensure that you maintain the relationship you already have with them.

If you would like to obtain legal advice on child residence and contact, Caven can put you in touch with a local family solicitor free of charge. So, if you have any questions or would like our help in finding local family solicitors please call us on 08001 221 2299 or complete the web-form above.

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