Waely Law

06/10/2026

Grandparents and Child Arrangements

When parents separate, grandparents can sometimes find themselves suddenly cut off from grandchildren they have played a significant part in raising.

A common misconception is that grandparents have an automatic legal right to see their grandchildren.

Generally, they do not.

In many cases, a grandparent who wishes to apply for a Child Arrangements Order must first obtain the court’s permission to make the application, unless one of the statutory exceptions applies.

When deciding whether to grant permission, the court can consider matters including the nature of the proposed application, the grandparent’s connection with the child and whether the application could disrupt the child’s life to such an extent that the child would be harmed by it.

Obtaining permission is only the first stage.

If the application proceeds, the child’s welfare is the court’s paramount consideration when deciding what arrangements should be made.

For grandparents who have had a close and important relationship with a child, losing contact following a family breakdown can be extremely difficult.

The legal position may not be as simple as “grandparents have no rights” — but equally, being a grandparent does not automatically create a right to contact

17/09/2026

Family Law Insights

“We’ve agreed everything between ourselves. Do we still need a financial order?”

This is something separating couples often ask.

You may have agreed who keeps the house.

You may have divided the savings.

You may have agreed that neither of you wants anything from the other.

You may even have been divorced for some time.

But reaching an agreement between yourselves and legally bringing financial claims to an end are not necessarily the same thing.

Where an agreement has been reached, it can usually be recorded in a financial consent order and submitted to the court for approval.

Importantly, this does not mean you are asking the court to start dividing everything again.

It means asking the court to turn the agreement you have reached into a legally binding order.

And if the intention is to achieve a clean break, the order can provide for financial claims to be dismissed so that both parties can move forward with greater certainty.

Reaching an agreement without lengthy negotiations or court proceedings is often a very positive outcome.

Just don't stop one step before making it legally effective.

Call now to connect with business.

05/09/2026

Family Law Insights

Can one parent take a child abroad without the other parent's permission?

With separated parents, the answer is not always simply yes or no.

A key question is: who has parental responsibility?

Where both parents have parental responsibility, consent will generally be needed before one parent takes the child abroad.

There is an important exception where a child arrangements order says that the child lives with a parent. That parent can generally take the child abroad for up to 28 days without the consent of the other person with parental responsibility, unless a court order says otherwise.

But what if only one parent has parental responsibility?

If, for example, the mother has parental responsibility and the father does not, and there is no relevant court order, the father's consent is not generally required simply because he is the child's father.

That does not mean a parent without parental responsibility has no options. Depending on the circumstances, they may be able to apply to the Family Court for parental responsibility and/or an order preventing the proposed travel.

The position may also be different where there are existing court orders or ongoing proceedings.

Before travelling, it is therefore important to establish:

Who has parental responsibility?

Is there an existing court order?

Are there ongoing proceedings?

Is the proposed trip a holiday or a permanent move abroad?

A disagreement about a holiday can become considerably more complicated if these questions are only asked after the flights have been booked.

20/08/2026

Family Law Insights

Can one parent take a child abroad without the other parent's permission?

It is a question that often arises after separation, particularly during the school holidays.

The answer is: it depends.

Where both parents have parental responsibility, one parent will generally need the consent of the other before taking a child abroad.

One important exception is where a child arrangements order says that the child lives with that parent. They can generally take the child abroad for up to 28 days without the other parent's consent, unless a court order says otherwise.

But what if only one parent has parental responsibility?

If, for example, the mother has parental responsibility and the father does not, and there is no relevant court order, the father's consent is not generally required simply because he is the child's father.

That does not necessarily mean his concerns are irrelevant. Depending on the circumstances, he may be able to apply to the Family Court for parental responsibility and/or an order preventing the child from being taken abroad.

The position is also different where there is already a court order or relevant court proceedings.

There is another important exception where a child arrangements order states that the child lives with a parent. That parent can generally take the child outside the UK for up to one month without the consent of other people with parental responsibility, unless the court order says otherwise.

So before booking flights, it is important to establish:

Who has parental responsibility?

Is there an existing court order?

Are there any ongoing proceedings?

Is the proposed trip a holiday or a permanent move abroad?

These distinctions can completely change the legal position.

If there is disagreement about a child travelling abroad, obtaining advice before the proposed travel can avoid a much more complicated dispute later.

13/08/2026

Family Law Insights

I'd do financial disclosure, but make it accessible rather than technical:

“It's in my sole name, so why do I need to disclose it?”

Because financial disclosure and deciding how assets should ultimately be divided are two different things.

When finances are being resolved following divorce, it is generally necessary to understand the overall financial position of both parties.

That can include property, savings, investments, pensions, income, liabilities and business interests — including assets held in one person's sole name.

Disclosure does not automatically mean that every asset will be divided equally, or even that the other spouse will ultimately receive a share of a particular asset.

It allows the parties, their solicitors and, where necessary, the court to understand the financial picture before considering what outcome is fair.

Trying to hide an asset or deliberately failing to provide full and frank disclosure can also have serious consequences.

You cannot sensibly negotiate a financial settlement without knowing what is actually on the table.

Obtaining legal advice early can help you understand both your disclosure obligations and how different assets may be treated in your individual circumstances.

30/07/2026

Family Law Insights

The biggest financial mistake is often the one you don't realise you've made.

Many separating couples spend months negotiating who will keep the house, how savings will be divided and what should happen to pensions.

Yet one of the most important questions is often overlooked:

Can you actually afford the agreement you've reached?

A settlement may look fair on paper, but will it still work in six months' time?

Have you considered:

Mortgage affordability?
Rising household bills?
Pension provision?
Future earning capacity?
The costs of raising children?

A financial settlement should not only resolve today's issues. It should also provide a realistic foundation for the future.

Reaching an agreement is important. Reaching the right agreement is even more important.

Every family's circumstances are different, and obtaining legal advice before finalising an agreement can help you understand the long-term implications of the decisions you make.

14/07/2026

When a neurodivergent child struggles with contact, what is their behaviour actually telling us?

For some children, moving between two homes may be manageable. For a neurodivergent child, repeated transitions can sometimes be far more difficult.

A change of home can mean a change in routine, environment, sensory experience, food, bedtime and expectations. It may also mean adapting to two different approaches to understanding and managing their needs.

A child may become distressed before handovers, struggle to regulate afterwards, experience disrupted sleep, increased anxiety or difficulties at school.

These behaviours can sometimes be misunderstood.

Is the child simply refusing contact? Are they being influenced by the other parent? Or are they communicating genuine distress in the only way they know how?

This does not mean that a neurodivergent child should not spend meaningful time with both parents. It means that arrangements need to be considered around the needs of that particular child.

A diagnosis alone does not provide all the answers. The child's individual presentation, communication style, sensory needs, ability to cope with transitions and need for routine may all be relevant when deciding what arrangements are in their best interests.

Child arrangements should not be about creating equality between parents. They should be about meeting the needs of the individual child.

If you are involved in a child arrangements dispute concerning a neurodivergent child, obtaining advice from someone who understands the additional complexities can make an important difference.

Waely Law Solicitors specialises in family law and can advise and represent parents in complex child arrangements cases.

10/07/2026

The divorce may be over, but your financial claims may not be.

Finalising your divorce does not necessarily bring all financial claims to an end.

Even where former spouses have reached an agreement about finances, it is often advisable to have that agreement recorded in a Financial Consent Order and approved by the court. Without one, financial claims may remain open long after the divorce has been finalised.

Every family's circumstances are different, and the appropriate course of action will depend on the individual facts of the case.

Seeking legal advice at the right time can help you understand your rights, make informed decisions and avoid unnecessary complications.

10/06/2026

🚨 Major Proposed Changes for Unmarried Couples 🚨

Many people believe that living together without getting married protects their finances if the relationship ends.

However, that assumption may soon need to be reconsidered.

The Government has launched a consultation proposing significant changes to the rights of cohabiting couples (unmarried couples who live together).

At present, there is no such thing as a "common law marriage" in England and Wales. Simply living together does not usually give the same financial rights as marriage or civil partnership.

This is particularly important for couples who have had a religious ceremony only, such as a Nikah marriage, without also entering into a legally recognised civil marriage.

The Government is now considering reforms that could give qualifying cohabiting couples new rights, including:

1️⃣ Potential financial claims when a relationship ends.

2️⃣ Greater protection for financially vulnerable partners.

3️⃣ Consideration of domestic abuse, coercive control and economic abuse when dealing with finances.

4️⃣ Automatic inheritance rights if a partner dies without leaving a Will.

5️⃣ Making pre-nuptial and post-nuptial agreements legally binding.

The proposals could apply to couples who have lived together for at least three years or who have a child together.

It is important to remember that these are currently proposals only and have not yet become law.

If you are living with a partner, own property together, have children, or have chosen not to marry because of financial concerns, these developments may be worth keeping an eye on.

05/06/2026

Child Minatence: CMS or Family Court?

Many parents are surprised to learn that child maintenance is not usually decided by the Family Court.

In most cases, child maintenance is dealt with by the Child Maintenance Service (CMS), which calculates and collects child maintenance payments.

As a general rule, where the paying parent earns up to £156,000 per year, child maintenance is usually dealt with by the CMS rather than the Family Court.

However, there are important exceptions.

The Family Court may still be able to make orders for:

• Private school fees and certain educational expenses;

• Additional child maintenance where the paying parent's income exceeds £156,000 per year; and

• Financial provision for a child with disabilities or additional needs.

We regularly receive enquiries from parents who assume they need to start court proceedings to obtain child maintenance, only to discover that their first step should be to contact the CMS.

Understanding the correct process from the outset can save considerable time, costs and frustration.

Have you ever been surprised to learn that child maintenance is usually dealt with by the CMS rather than the Family Court?