Sousa Law Celebrating 15 Years
Sousa Law Celebrating 15 Years

Child Arrangements

Arrangements for Children

When a relationship breaks down it is important that the children of the family are prioritised. Breaking the news to children that their parents are separating is a tough time for any parent or carer. It is essential that such issues are handled sensitively by all members of the family in a planned and calm manner so that the children are reassured that their parents love them and so that they know what to expect about where they will live and when they will see both parents in the following months. It is always best if the adults involved are able to discuss any disputes and reach an agreement themselves directly rather than having to use the court process to make a decision about such issues. Specialist legal advice should be taken and use of Mediation or the Collaborative Practice process should be considered to achieve the best possible outcome for the children.

Only as a last resort should an application to the court be made. The court will only become involved and make orders in relation to children where it is necessary for them to do so and where it is in the best interests of the children. We are able to give detailed and clear advice on the following:

  • Residence and shared residence orders detailing where the children should live
  • Contact orders specifying the time the children will spend with the parent they do not live with
  • Specific issue orders dealing with such issues as schooling, medical intervention or moving abroad with children
  • Prohibited steps orders preventing specific actions in relation to children
  • Urgent applications to return children to the care of a specified person
  • Parental responsibility agreements and orders
  • Grandparents rights
  • Changing a child’s name
  • Surrogacy

In considering any application, the Court’s paramount consideration will be the welfare of the children and as such it will consider a number of factors known as the ‘welfare checklist’.

The Children Act 1989: Statutory Welfare Checklist

Under Section 1(3) of the Children Act 1989 the court must have regard in particular to:

  1. The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
  2. His physical, emotional and educational needs
  3. The likely effect of any change in his circumstances
  4. His age, sex, background and any characteristics of his which the court considers relevant
  5. Any harm which he has suffered or is at risk of suffering
  6. How capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs
  7. The range of powers available to the court under this Act in the proceedings in question

For specialist and sensitive advice about any issues relating to children’s solicitors please contact us on 023 8071 3060 for an initial consultation.

Child Arrangements FAQs

Here are answers to some common questions about children and childcare. If you don’t see what you’re looking for, please get in touch with us online or call us on 02380 713060.

Child arrangements refer to the legal agreements that determine where a child will live, how much time they will spend with each parent, and how they will maintain contact with both parents and other important family members after a separation or divorce.

No, not always. Many families are able to agree on child arrangements through negotiation, mediation, or collaborative law without going to court. However, if an agreement cannot be reached, you may need to apply for a Child Arrangements Order.

The Child Arrangements Programme was issued in April 2014. Applications for 'residence' or 'contact' (or 'custody' and 'access') are now applications for a Child Arrangements Order. These applications typically deal with who the child(ren) should live with and how much time the child(ren) should spend with the other parent. Essentially, it’s simply terminology that has changed.

There is no assumption that children will live with one parent over the other. The primary focus is always on what is in the best interests of the child(ren). If you cannot come to an agreement, the Court may need to step in and make a decision, but this is considered a last resort. The Court will encourage you to attempt to resolve issues through mediation first. However, if the child(ren)'s current living situation poses an immediate danger, emergency applications can be made to the Court.

A MIAM (Mediation Information and Assessment Meeting) is an opportunity to learn about the available options for resolving disputes without going to court. Attending a MIAM is required (unless you qualify for an exception) before starting most Family Law proceedings, such as applying for a Child Arrangements Order or a Financial Remedy Application.

Parental responsibility gives a parent the rights and duties to be involved in a child's life, including making important decisions about their welfare. This covers areas such as education, health, religion, and where the child will live.

A mother automatically gains parental responsibility by giving birth. A father only has parental responsibility if he is married to the mother at the time of the child's birth or if he acquires it through one of the following ways:

  • Jointly registering the child’s birth with the mother (for births on or after 1st December 2003)
  • Entering into a parental responsibility agreement with the mother
  • Obtaining a parental responsibility order from the Court

Yes, grandparents and other family members can apply for child arrangements, but they typically need the court’s permission to do so, unless they already have parental responsibility.

Yes, depending on their age and maturity. Courts and mediators often take into account the wishes and feelings of the child, especially if they are older and able to express their views.

It’s usually best to try to agree on an amount directly with your ex-partner. To help with this, the Child Maintenance Service (formerly the Child Support Agency) offers an online calculator. This tool calculates the payment amount based on factors such as the number of children, the payer’s income, and how often the children stay with the payer throughout the year.

Make An Appointment

We will assist in many complicated and specialised areas of family law. Discuss your options and contact us on 02380 713060.
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