Family Law and Children Solicitors
ARRANGEMENTS FOR CHILDREN.
Deciding arrangements for your children following a separation can be difficult. Our Specialist Family Law & Children Solicitor is here to help. She will support you through the legal and practical side of this process.
Have you recently separated? Do you need help with the arrangements for your children?
The Law.
The law says that it is the right of the child to see their parents and not the other way round.
The Children Act 1989 is the primary legislation for children issues.
The Welfare Principle.
When parents separate, the welfare of any minor child is regarded as paramount in looking at any issues about a child’s upbringing. All decisions should be made in the child’s best interests.
Generally, the Court considers that it is extremely important for a child to maintain a relationship with both parents and for them to be involved in their upbringing wherever possible. It is only therefore in very extreme circumstances that a child has minimal or no contact with their parent. Likewise, it is only in very rare circumstances that Parental Responsibility is restricted.
Can parents reach their own agreement about Arrangements for Children following separation?
Yes. It is usually far better for parents to resolve any children issues without Court intervention themselves if possible. This may be through mediation or negotiation with or without solicitor assistance.
The Court always hope that arrangements for children and issues about their upbringing can be agreed upon between parents.
However, this is not always possible.
Would you like to know how we can help you agree the arrangements for your children?
What happens if parents cannot agree to the Arrangements for Children on separation?
If parents cannot reach an agreement between them, one or both of them can make an application to the Court. The Court can then decide any arrangements that simply cannot be agreed upon.
Is there anything parents must do before applying to Court?
Before an application can be made to Court, the Court expect mediation to be considered. The person making the application must attend a Mediation Information Assessment Meeting (MIAM) with a Mediator. That is unless they are exempt.
A MIAM provides information about mediation. It also allows the mediator to assess whether mediation may be appropriate in the circumstances.
What applications or Orders can be made for Arrangements for Children on Separation?
The main Orders that can be applied for are:
- a Child Arrangements Order.
- a Specific Issues Order.
- a Prohibited Steps Order.
- a Parental Responsibility Order.
What is a Child Arrangements Order?
A Child Arrangements Order sets out whom a child should live with, spend time with or otherwise have contact with. As well as the frequency of any arrangements.
The term Child Arrangement Order has replaced ‘residence Orders’, ‘contact Orders’, ‘access Orders’ and ‘custody Orders’.
What is a Specific Issues Order?
A Specific Issues Order sets down what should happen about a particular dispute in connection with a child.
An application for a Specific Issue Order can be made to decide a dispute about a child’s education or to decide whether a child can be taken abroad on holiday, for example.
What is a Prohibited Steps Order?
A Prohibited Steps Order limits when certain parental rights and duties can be exercised. This can include stopping a parent from being involved in decisions about the child’s upbringing.
What is a Parental Responsibility Order?
A Parental Responsibility Order gives Parental Responsibility to the named person.
What is Parental Responsibility?
Parental Responsibility covers all the rights and duties which a parent has regarding a child. This includes the right to have a say in all major decisions in a child’s life. Such as, the right to decide where the child should go to school, what form or religious upbringing the child should have, and what medical treatment the child should receive.
Who can apply for an Order?
The child’s mother, father or anyone with Parental Responsibility can apply for one or more of the above Orders. Other people, such as grandparents, can also apply for these Orders. However, they will first need the Court’s permission.
How does the Court decide whether to make an Order?
In deciding whether an Order should be made, the Court will have regard to the following three principles:
- The Welfare Principle. The child’s welfare is paramount.
- The No Delay Principle. Any delay is likely to prejudice the welfare of the child.
- The No Order principle. The Court shall not make an Order unless it would be better for the child than making no Order at all.
Thereafter, the Court will have regard to the ‘Welfare Checklist‘. The Welfare Checklist is as follows:
- the child’s ascertainable wishes and feelings.
- the child’s physical, emotional, and educational needs.
- the likely effect on the child of a change in their circumstance.
- the child’s age, sex, background, and other relevant characteristics.
- any harm which the child has or is at risk of suffering.
- the capability of the parents, and other relevant people, in meeting the child’s needs.
- the powers available to the Court.
After the Court considers the above principles and each point of the Welfare Checklist, the Court will decide what Order/s, if any, are needed.
Are you considering the need to apply for an Order? We recommend that you consult with a Specialist Children Solicitor.
How can our Specialist Family Law & Children Solicitor help you?
Keats Family Law are experts in all aspects of separation. We are here to help.
Our Specialist Family Law & Children Solicitor is accredited in children matters. She will therefore support you with making the arrangements for your children following a relationship breakdown.
We understand that your children are your first priority. We also understand that emotions are likely to be running high following a separation. As a result, we take the time to listen to your concerns. We also take the time to understand what you want to achieve. This allows us to tailor our advice and our approach to you and your family.
As members of Resolution, we follow the Code of Practice. As a result, we focus on putting your children first.
Keeping it amicable.
Most importantly, we recognise as separated parents you will need to maintain a relationship. We are therefore committed to reducing any acrimony. We are also committed to avoiding court proceedings if possible. That is why we keep the process amicable.
As a result, we are committed to finding cooperative and workable solutions in an amicable and cost-effective way.
There are several ways we can support you to make the arrangements for your children. In the first instance, we invite you to attend our initial Fixed Fee Appointment to discuss your options in full. During this appointment, we will use our experience and knowledge to give honest and realistic advice as to the possible outcome. Then, we will work with you to find the best approach to achieve the outcome which is right for you and your family.
Have you recently separated? Get in touch for advice and support with making the arrangements for your children.
Other Resources.
The Cafcass website has a lot of useful information.
Resolution has put together a helpful video with some top tips for talking to children following a relationship breakdown: Mum, Dad, we need to talk.
Elaine Roth has written a useful article with a list of children’s books that can help you talk to your children about your divorce: 14 Books that Brilliantly explain Divorce to Kids.