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When a couple separate, the most important consideration is who the children will live with and when will they see or spend time with the other parent.
The primary carer is often said to have custody of the children with the other parent having contact or access.
However, the law has developed in recent years and there is now a presumption that the children will share their time with both parents as long as it is safe, in their interests and practical to do so.
Many parents are able to agree child arrangements directly. However, for those who can’t they may wish to consider family mediation or obtaining a child arrangements order from the family court. A child arrangements order is necessary if you can’t agree or if there are issues with reliability or communication, such that having a default plan is desirable to avoid conflict.
In determining what contact a child should have with a parent, the court will consider the welfare checklist. That includes what the children want (by reference to their age and understanding), the child’s needs, the impact on the child of any change, any particular characteristics, the risk or harm and the capability of each of his or her parents.
Many people are anxious that the child’s stated wishes are determinative and may be influenced by the other parents. The older a child is, the more their views are taken into account but this is just one of the considerations the court has and it will balance those wants against the risk that they have been adversely influenced by one or other of the parents.
Our reputation for offering clear, effective advice is growing and, together with independent recognition of our Family Law expertise by Legal 500, means we advise clients right across the country. It is very straightforward to arrange meetings by video or telephone, as you prefer, so that we can provide you with the information, advice and reassurance that your interests will be secured and protected. If you live locally, you also have the option to meet us at one of our offices. Call us or email us for a confidential initial discussion so we can understand your situation and explain how we can help you. We can be flexible and schedule our initial meeting with you outside normal office hours if that better suits your circumstances.
Applications for child arrangements orders
When parents cannot agree on arrangements for their children, the court will intervene and put in place a bespoke order setting out with which parent the child will live and when, for how often and where they will spend time with the other parent.
Varying child arrangements orders
If circumstances change, or the arrangements are not working then the court may considering reviewing the arrangements for your children and making changes which are in the best interest of the child.
Specific issue orders
If you and the other parent cannot agree on a specific matter such as schooling, holidays or medical treatment then you can apply to the court to make a decision.
Prohibited steps orders
The family court can take steps to prevent a parent from a certain act, if it would not be in the child’s best interests. For example, if one parent sought to change the child’s school or relocate to another part of the country or overseas.
Special guardianship orders
Such orders are made rarely as they give a person who is not a parent legal responsibility for a child. It usually means that the child will live with that person until the order expires (usually when they reach 16 years of age) and the guardian assumes parental responsibility for them in place of their parents.
Our child arrangements order advice fees
Our team of child law solicitors will discuss your situation and requirements and provide you with details of the costs you can expect to incur before any work is started. We will work with you throughout the case to ensure our services are affordable.
Child arrangements orders explained
What is a child arrangements order?
A family court order specifying with whom a child with live, and when they should spend time with the other parent.
How are child arrangements decided by the Court?
By reference to the welfare checklist.
What will a child arrangements order include?
The order will be tailored to your family but typically set out the practical, day to day arrangements for where the child will be and how handovers take place. It may also include arrangements for holidays and passports, communication between parents and what will happen on special days such as birthdays and Christmas.
How long do child arrangements orders last?
Unless they are varied or terminated, they will last until the child reaches 16 years of age (unless there are specific reasons why it should continue which is very rare).
Can a child arrangements order be varied?
Yes by consent from the other parent, or if the court considers that a variation is in the best interests of the child.
Can you enforce the terms of a child arrangements order?
Yes, however the validity of the enforcement will depend on the nature of the breach and whether the parent who is in breach has a reasonable excuse.
What happens if a child arrangements order is breached?
You should take legal advice as soon as possible and consider applying to the court. The longer you leave it, the more you may be deemed to have accepted the breach.
Child arrangements order insights from Harrowells
You can read our Divorce and Family blog here.
Our reputation for offering clear, effective advice is growing and, together with independent recognition of our Family Law expertise by Legal 500, means we advise clients right across the country. It is very straightforward to arrange meetings by video or telephone, as you prefer, so that we can provide you with the information, advice and reassurance that your interests will be secured and protected. If you live locally, you also have the option to meet us at one of our offices. Call us or email us for a confidential initial discussion so we can understand your situation and explain how we can help you.
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