Separating and getting divorced from a partner can be a highly stressful and difficult situation. This is especially true with the added pressure of having to come to an agreement on child arrangements, living arrangements and financial responsibilities.
The ideal resolution for child arrangements is one in which both parents collaborate and compromise. However, this is not always the case. Your local family law experts at FMT are here to help in these moments. We will work with you to discuss the best options for your case and family.
When a couple are separating and cannot agree on arrangements for a child, seeking professional help could help the family come to an agreement. Disagreements can be settled via mediation, or by taking legal action in the form of a child arrangement order.
If parents cannot agree on the following, it may be a good idea to seek legal advice to resolve conflicts and keep the best interests of the child catered for
Once a decision has been made, a child arrangement order can make the agreement legally binding.
A Child Arrangement Order is a legally binding document that outlines:
A child arrangement order is agreed in court and will rely on the ruling of the judge if an agreement cannot be resolved between parents. The court will always put the child’s welfare first and recognises the importance of a child keeping in contact and seeing both parents and both sides of the family. A parent will rarely have sole care of a child unless the child’s safety is at risk.
Each child arrangement case is unique and specific to the family, although it is not vital, it is recommended to obtain support and legal advice in order to get the best results possible for you and your child.
Your expert family law team here at FMT are here to support you and your family through these trying and difficult times. If you require support or representation for a child arrangement issue, contact a member of our friendly team to discuss how we can help.
A meeting with a qualified mediator will allow you and the child’s parent to discuss the situation and see if mediation could resolve the dispute.
Resolving a child arrangement via mediation is usually less expensive and less formal than going to court and can be less emotionally taxing on both parents and the children involved.
If mediation is not successful, you can submit a child arrangement order application to the court. To do this you must complete a C100 form, which includes details of the children and the parties involved. This does involve paying a court fee, unless you are eligible for a fee exemption. Find out more about the C100 form and if you may be eligible for an exemption here.
The court will set a date for a First Hearing Dispute Resolution Appointment (FHDRA) and may ask for evidence, such as statements or a CAFCASS report.
The court may make suggestions to help resolve the issues such as asking you to try mediation again or to go on a course.
At this final hearing, you will have a further chance to present your case. The judge will then make a decision and detail it in the order.
The judge will consider the following when creating a child arrangement order:
The child’s welfare and best interests.
The court process can usually be stopped at any time if you reach an agreement. It can also be paused if you decide to explore Non-court dispute resolution.
The amount of financial support a parent offers is something that can be set out within a child arrangement order. When doing this, the court will consider the financial circumstances of both parents and the child.
Financial support that could be included within a child arrangement order might be:
A parent with a financial order will need to financially support their children until they reach 16, or until they reach 20 if they’re still in full-time education or training.
A child arrangement order is most commonly issued to the biological parents of a child, however, anyone who has parental responsibility can also apply, whether they are a biological parent, a step-parent, a guardian or another relative.
The Grandparents of a child can apply for a Child Protection Order if they feel their access to their grandchild is being unfairly restricted.
A grandparent can also apply for a child arrangement order but would have to go through an additional step, applying for permission from the court before they can begin the process. If they are a legal guardian, they can skip this step.
If you fail to follow the arrangements in the order, you could face serious legal action and being held in contempt of court, this can include consequences such as:
It’s important to take a child arrangement order seriously and follow all terms set out. If any circumstances change, it is recommended to seek legal advice and apply for a variation of the order.
Following the terms of the child arrangement order ensures that your child’s well-being and needs are met, and reduces any excess stress and pressure on those involved.
You can apply for a child arrangement order without a solicitor, however, many families find it beneficial to have legal support and representation during this very delicate and emotional time.
If you are separating from the other parent of your children and don’t know what to do next, our friendly team are here to listen and help you with your queries.
Evidence collected from various surveys suggests that around 10% of separated families use court to arrive at child arrangements. Although relatively rare, it is vital that you have expert support and representation during such an emotional and challenging time.
The duration of a child arrangement order can range from three months to two years, depending on the complexity of the case and the number of hearings required.
The process may involve multiple court hearings, safeguarding checks, and reports from a CAFCASS officer, all of which can impact the time it takes to reach a final agreement.
