Children

If you believe your child is being turned against you, take advice early. The court can investigate, often with Cafcass or an expert, and make orders to protect the child’s relationship with both parents where that is in their best interests.

Within the UK, a parent can generally move with the children unless a court order prevents it, though you can apply to court to stop the move. To move abroad, they need the consent of everyone with parental responsibility or the court’s permission.

Yes. A prohibited steps order can prevent a child being taken abroad without your agreement or the court’s permission, and where there is an immediate risk of abduction, urgent steps can be taken through the court and the police.

A father with parental responsibility has the same say as the mother in major decisions about the child. There’s no automatic right to equal time, but the court starts from the position that a child benefits from both parents being involved, unless that would put the child at risk.

A mother automatically has parental responsibility, giving her a say in all major decisions about her child. After separation, she has the same standing as a father who also has parental responsibility, and neither parent is automatically favoured.

No. The law doesn’t favour either parent, and “custody” has been replaced by child arrangements. Where the children live is decided by agreement or, if necessary, by the court, based on what is best for them.

Cafcass is the Children and Family Court Advisory and Support Service, which represents children’s interests in family court cases in England. It carries out safeguarding checks and, where needed, prepares reports on the children’s welfare and wishes. In Wales, the same role is carried out by Cafcass Cymru.

A court order that prevents a parent from taking a particular step without the court’s permission, such as taking a child abroad, changing their school or changing their name.