It is often thought that after parties separate the children will remain with their mother, with the father seeing them at regular intervals. This can often be on alternate weekends with time during the week. However, this is not always the case and sometimes it is in the best interests of the children to live with their father.

Courts consider that parents are best placed to make decisions in relation to their children. If parties cannot agree then the Court can assist. Solicitors can help parties negotiate arrangements and mediation can also be beneficial within these negotiations.

The Court can make an order confirming the arrangements for the children relating to with whom the children live and the time they spend with the other parent.

Depending on the age of the children, their wishes and feelings can be considered within any proceedings and these can make a difference to the outcome of a case. In some circumstances, the Court may require additional evidence to assist in making a decision and can appoint an organisation such as Cafcass to obtain this.

When deciding an application for a Child Arrangements Order the child’s welfare is the paramount concern. If it is considered to be in the best interest of the child to live with their father then a Court will order this. There is no preference given to mothers within such applications.

If you have real concerns about the care of your children or one parent is making a decision in respect of the children that you do not consider to be in their interests, a Family Solicitor can help you. Rosalyn Jacobs has assisted fathers in cases relating to their children. Rosalyn has represented a number of fathers that have obtained Orders for the children to live with them and helped fathers obtain additional time with their children.

If you need any advice on Child Arrangements, whether that relates to where your child lives or how much you can see them, you can arrange an appointment to speak with any one of our experienced family lawyers for further advice.

COVID-19: In these extraordinary times we recognise how difficult it is to find time to do everything, let alone seek legal advice. This is especially the case where you are living with your partner or spouse and are considering separating, or have your children with you during the day.

Therefore, we are now able to offer flexible telephone appointments to meet your personal needs, whether that is in the evenings, early mornings or weekends as well as our usual office hours. If making that initial call to book an appointment is difficult please email us at in the first instance and we can arrange a meeting by email.