Written by Clare Marion, Partner.
When parents separate, agreeing arrangements for their children can be difficult. This guide explains how child arrangements are decided, when a Child Arrangement Order may be needed, and what happens if the matter goes to court.
Key Takeaways
- Child arrangement disputes often arise after separation when parents cannot agree where a child should live or how they spend time with each parent.
- A Child Arrangement Order can provide a legally binding decision on living arrangements and contact when an agreement cannot be reached.
- The court’s main priority is the child’s welfare, considering factors such as their needs, wishes, circumstances, and any risks of harm.
When May Issues Arise?
When parents separate, they will need to consider arrangements regarding the children, principally where they will live and how they spend their time.
Some parents may be able to agree these matters themselves. However, when the parents are unable to reach an agreement, they need to consider ways of resolving these issues.
Ways of Reaching an Agreement When It Comes to Children
Parents may find they reach a consensus through discussions between solicitors or at mediation. However, the only way a legally binding agreement can be reached concerning children is by way of court order.
The court also has a “no order principle” which means they will only make a court order if there is an active dispute, and if there is not, then the courts would not wish to be involved.
Child Arrangements Order
If a dispute cannot be resolved, a parent may apply to court for a Child Arrangement Order.
What Is a Child Arrangement Order?
They are court orders designed to deal with the arrangements for children on separation, to specify who the child lives with, spends time/has contact with, and when and how such contact/time spent should occur.
Child Arrangement Orders are the only way to make a legally binding agreement regarding time spent with a child. They are usually only needed when an agreement cannot be reached between the parents.
Such proceedings can be lengthy and drawn out, as well as emotionally and financially draining. The impact of such disputes on the children should not be underestimated.
How Is a Child Arrangement Order Determined?
The children’s welfare will always be the paramount concern of the court when it comes to making court orders around Children.
The Court consider The Welfare Checklist, such as, but not limited to:-
- The ascertainable wishes and feelings of the child;
- Their physical and emotional and/or educational needs?
- The impact of changes in their circumstances?
- Their age, sex, background and relevant characteristics;
- Any risk of harm;
- The capability of the parent to meet their needs.
Who Can Get a Child Arrangement Order?
Any parent who wants to spend time with the child and, in certain circumstances, extended family who are involved in the child’s life.
What’s the Process?
- An application is made to the Court (C100), and the Court will instruct a CAFCASS (Children and Family Court Advisory and Support Service) officer to speak to the parties and try to narrow any issues, as well as carrying out safeguarding checks.
- Subject to what the CAFCASS office says, the Court will list the matter for an initial hearing and parties and their legal representatives will attend and present their position.
- A CAFCASS officer will usually be at Court to help aid discussions and will speak to both parties beforehand, to try and narrow any issues.
- If an agreement can be reached, whether in full or in part, there will be an Order made.
- A further hearing will be listed to resolve any outstanding issues. The CAFCASS officer may be instructed to prepare a report to assist the court.
- There may be further review hearings, or the matter may require a final contested hearing, if parties cannot agree.
- A final Hearing will usually involve giving oral evidence.
Can the Arrangements Be Changed?
If the changes are agreed, then there is no issue. Ad-hoc changes do not necessarily need a change in the terms of the Order. However, longer-term changes may be best dealt with formally. If changes are not agreed, the court could become involved again in the future.
Child arrangements can be one of the most sensitive and emotionally challenging issues following a separation. While many parents can reach agreements through discussion, mediation or solicitor-led negotiations, there are occasions where court intervention becomes necessary to ensure the best interests of the child are protected.
Every family is different, and there is no one-size-fits-all solution. Seeking early legal advice can help you understand your options, avoid unnecessary conflict and work towards arrangements that provide stability and certainty for your children.
Speak to Howell Jones for Professional Support
At Howell Jones, Surrey solicitors, our experienced Family Law team provides practical, compassionate advice to parents and family members involved in child arrangements disputes. Whether you need support negotiating an agreement, attending mediation, or making an application to the court, we are here to guide you through every stage of the process.
To speak with a member of our Surrey Family Law team, please get in touch on 0800 011 9813. We would be happy to discuss your situation and explain how we can help.
