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What is a child arrangements order?

24/08/2020 - Children

A child arrangements order is a court order that sets out who has responsibility for the care of a child, including who they live with and how often they will see/ have contact with both parents. Most commonly used in cases where the parents cannot reach an agreement on how to share the care of…

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External relocation: when a parent wishes to move overseas with a child, what rules apply? By Laura Guillon.

15/04/2011 - Children

If a relationship breaks down and there are children involved, what rules are applied to cases when one parent wishes to move with the children to another country? In this post, we will be looking at the rules – and how they could change in the future. External relocation is a difficult subject, and lawyers…

Child’s objections fail to stop order for return of children to Germany

02/03/2020 - Children

Case Re P (Abduction: Child’s Objections): The views of the child As I am sure the reader of this blog will well know, the court, when considering whether to make a child arrangements order, must have regard to (amongst other things) the ascertainable wishes of the child concerned, considered in the light of the child’s age and understanding. Similarly, in…

What happens when a parent breaks a court order?

06/08/2020 - Children

What happens when a parent breaks a court order? When parents cannot decide arrangements for their children once they have separated the court can issue a child arrangements order to clarify a child’s living arrangements. This order is legally binding, and if a parent breaches it they will be in contempt of court which could…

What is a consent order?

22/09/2020 - Divorce

A consent order is an order made by a judge in divorce proceedings, where both parties have agreed their financial settlement terms and agree to a financial order being made without the need for a court hearing. What is a consent order? Technically, the term ‘consent order’ can refer to any type of court order…

Child arrangements order to take a child on holiday

19/11/2019 - Children

Father appeals child arrangements order made to permit the mother to take a child on holiday A typical case? Apart from the fact that the parties, or at least the father, appear to be rather better off than the average litigant, the case X v Y (Child Arrangements Order) is in many ways typical of…

The difference between a recital and an order

17/07/2019 - Family Law

I’m sure that many non-lawyers would assume that everything contained in a court order is equally enforceable. After all, a court order is a court order, isn’t it? Well, not quite. Court orders actually have two parts: recitals and, somewhat confusingly, orders. What, then, are ‘recitals’, and why are they separate from the orders? A…

At what age can a child choose who to live with?

27/04/2020 - Children

At what age can a child choose who to live with? A child cannot legally decide who they want to live with until the age of 16 unless there is a child arrangement order in place that has been extended until they are 17 or 18 years old. Until then it is ultimately the decision…

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Surrogacy: a special case? By Cameron Paterson.

03/08/2012 - Family Law

Marilyn writes: I welcome informed guest posts from readers and I am delighted to publish a post today by Cameron Paterson, a journalist with an interest in legal matters. He has written about a new case in the High Court, involving the breakdown of a marriage between husband and wife who are also the parents…

Extended duration children orders

04/05/2017 - Family Law

Child arrangements orders usually last until the child reaches the age of sixteen. However, in exceptional cases the court can make an order beyond that age. The question, then, is what constitutes ‘exceptional’? A recent decision of the High Court of Justice in Northern Ireland throws a little light on this. In Fergus v Marcail…

A look at children law north of the border, part one

10/09/2019 - Children

I noticed in the news last week that the Scottish Government has published new legislation that aims to amend the law relating to children north of the border. I thought it would be instructive to see what a jurisdiction that is different but so close to ours is doing in this area, so I decided…

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