When parents separate, one of the most important and often most emotional questions is what happens with the children. Whether you are going through a divorce, ending a relationship or simply trying to clarify responsibilities, understanding how child arrangements work can make the process smoother and less stressful.
“Child Arrangements” refers to the practical decisions about who the child lives with, how much time they spend with each parent and how contact will work with other important people in the child’s life.
Do you need a Court Order?
Not necessarily. Many parents are able to make informal arrangements between themselves without involving the Court.
The main options are:-
1.An informal agreement. This is where parents decide together how the arrangements for the children will work. However, such an agreement is not legally binding.
2.Mediation. If parties struggle to reach an agreement an independent professional mediator can help the parties communicate with a view to reaching an agreement. However. such an agreement reached within mediation is not legally binding.
3.Parenting Plan. A written document designed to be child focused can be created with or without professional help. Such a plan is not legally binding unless it is incorporated into a Court order.
4.If agreement is not possible you can apply to the Family Court for a Child Arrangements Order which, once made, will be legally binding and enforceable.
A Child Arrangement Order can include:-
- A live with order – confirming with whom the child lives
- A spend time with order – which includes times, dates or any conditions for the time spent with a child.
- A specific issue order – decides a particular question, such as which school the child will attend, deals with medical treatment.
- Prohibited steps order – prevents a parent from taking specific action, for example, taking the child to live abroad.
The Court’s main priority is the welfare of the child.
How do Courts decide what is best for a child?
When the Family Court is making a decision on a Child Arrangements Order the child’s welfare is paramount. The Court must consider the welfare checklist in Section (1)(3) of the Children’s Act 1989 when reaching its decision in cases involving children. The criteria for the welfare checklist is:-
- The ascertainable wishes and feelings of the child concerned;
- The child’s physical, emotional and educational needs;
- The likely effect on the child of any changes in circumstances;
- The child’s age, sex, background and other relevant characteristics;
- The risk of harm to the child;
- The parent’s or other relevant person’s ability to meet the child’s needs;
- and the range of powers available to the Court.
The Court’s focus is on what arrangements benefit the child most and what is in the best interests of the child.
What does shared care mean?
Many parents assume shared care means 50/50 time. In reality, shared care does not require perfectly equal time splits but means that both parents play a substantial role in the child’s day to day life.
What if a Child Arrangements Order is not followed?
If one parent breaches the order the Court can enforce the order, impose conditions, change the existing order to include in the most serious of cases, a change in the child’s residency to the other parent or imprisonment.
If you have any queries in relation to Child Arrangements Orders please do not hesitate to contact RJT Solicitors for an initial free consultation on 01257 228027 or info@rjtsolicitors.co.uk
