Child Arrangements Order Solicitors

Making arrangements for your child after separation

When a relationship breaks down between two parents, it is hoped that arrangements for the child to see both parents can be finalised amicably. However, in some circumstances, this does not happen. Our child arrangement solicitors will help you to reach the best solution for your child.

The starting position is that it is in the child’s best interest to have both parents involved in their life unless of course the child is in danger of any type of harm then this notion is impacted.

If you and your partner have separated/divorced and you are now being stopped or limited on the level of time that you are spending with your child then it is vital that you do not do nothing. Any delay in addressing the level of time that you spend can have an adverse impact.

In the first instance it is always good to message your partner (unless there are restrictions upon you due to allegations of domestic abuse/harassment) to amicably vary the arrangements.

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Child arrangements via a mediator

If communication between you and your partner is unsuccessful or has broken down, then it is important to find a Mediator who may be able to open the channels of communication. It is helpful if this mediator was a professional trained mediator but often individuals will try with mutual friends or mutually trusted family members. Sometimes mediation can help parties to identify and work through issues. If Mediation is refused or unsuccessful then it is vital to obtain legal advice.

Obtaining legal advice does not immediately mean going to court. It may be that your partner will be more open to communication via solicitors than directly with you. Going to solicitors can sometimes be seen as a more formal step and can help the uncooperating partner to review the position that he/she has been taking.

If you delay on resolving any issues then ultimately it is your child who misses out. Delay is very harmful in children’s cases as a new norm in the child’s routine gets quickly established and the position is often difficult to change. This is especially the case if the child is very young because the child will lose familiarity with the absent parent and this can then create anxiety when re-establishing a relationship.

What type of court order should I be asking for?

When it comes to child arrangements, there is a lot of confusion about what each party should be seeking or giving.

In the past, the courts used terms such as Child Custody, however it was felt that such a term was used incorrectly whereby it provided an imbalance between both parents. The parent with the order felt that they were in control over the child. The terminology was then changed to provide for Contact and Residence orders. However, over time, it was again felt that these terms were being used to dictate terms and to assert control over the child.

Therefore, the position was finally changed to Child Arrangements orders. Under the umbrella of this term the court will determine where the child should live, when your child spends time with each parent and what other types of contact take place. There is no controlling term as both parents would have a Child Arrangement order as opposed to one having a Residence/Custody order which could be viewed as superior.

In addition to a Child Arrangements order, the court can also make the following orders:

• Specific Issue order – If the parties are unable to settle a dispute about a specific issue such as school.
• Prohibited Steps order – This is an application to stop a parent from making a particular decision or taking a certain action i.e. going abroad.