Making arrangements for your children following a separation can be an emotionally charged and difficult time.
Our specialist child law solicitors are on hand to guide you through the process, help parents resolve issues, and clarify arrangements as quickly and amicably as possible.
read moreUsing our expertise, we support clients to reach a resolution without a court application, be it through direct communication, negotiation between solicitors or the use of mediation or collaborative law.
If this is not possible, and as a last resort, we help clients to navigate the court process, mindful of the child’s best interests throughout.
Our team has worked with many parents and grandparents and have experience in situations that arise on divorce or separation, or months and even years afterwards. Our client guide for resolving child arrangements will also provide useful further information.
What is a child arrangements order? |
A child arrangements order is a court order determining who cares for a child. It specifies:
The order can also include other types of contact, such as phone calls, video calls, and letters. |
What is child maintenance? |
Child maintenance is a payment from one parent to another to cover living expenses. Ideally, parents agree on the amount and what it covers themselves. If not, they can apply to the Child Maintenance Service(CMS),a government agency that arranges and collects maintenance payments. |
What child custody laws might you and your partner need to resolve? |
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A child arrangement order is a court order that sets out who is responsible for the care of a child. It is usually used when the parents cannot agree on how to split care of their children.
read moreA child arrangement order can state: Who the children live with, where they live and when and how the children will see both parents.
For example, they may spend weeknights in the family home and weekends with the other parent. It can also set out other types of contact such as phone calls, video calls, cards and letters etc.
Types of arrangements
Child arrangements orders are necessary when parents cannot agree on the child’s living arrangements or how much time they should spend with each parent. They ensure the child’s welfare is prioritised and provide a clear, legally binding framework that both parents must follow.
You need to apply to the family court for a child arrangements order, and the process will likely include several hearings. Once in place, the order is legally binding and will last until the child is 16 or 18, depending on the content of the order
Trying to agree with an ex-partner what the arrangements for children should be can often be difficult, it is a topic which is understandably emotionally charged. Speaking with a solicitor early on in will help to guide you through the process, and hopefully, resolve any issues quickly and amicably without the need for a court application.
A child arrangements order that sets out the time (contact) you spend with your child usually lasts until the child reaches the age of 16. In some exceptional cases, the court may decide that the order should extend until the child turns 18. If the child arrangements order sets out that your child lives with you, their other parent or any other third party, that element of the order will last until they turn 18.
The cost of applying for a child arrangements order includes a court application fee of £232. This fee is for submitting form C100 to the court. If you choose to hire a solicitor to assist with your application, there will be additional legal fees, which can vary depending on the complexity of your case.
To apply for an emergency child arrangements order , you need to complete and submit form C100 to the family court. If the situation is urgent and there is an immediate risk to the child’s safety or wellbeing, you can request the court to hear the application on an expedited basis. In such cases, the court can issue an interim order without prior notice to the other parent, but a full hearing will follow shortly after to review the situation thoroughly.
Yes, a child arrangements order can be varied if there is a significant change in circumstances that affects the child’s welfare. To request a variation, you must apply to the court using form C100. The court will consider the reasons for the requested change and the impact on the child before deciding. Both parents may need to attend a hearing to present their views and any supporting evidence.
If a party breaches the child arrangements order, the other parent can apply to the court for enforcement. The court has several options to address the breach, including issuing a warning, imposing a fine, requiring the parent to undertake unpaid work, or even imprisonment in severe cases. The court may also vary the order to ensure compliance and prevent further breaches. It’s important to document any breaches and seek legal advice to understand the best course of action.
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