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Making child arrangements after separation

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.

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Using 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.

Key child law information​

What is a child arrangements order?​

A child arrangements order is a court order determining who cares for a child. It specifies:​

  • Who the child lives with​
  • Where they live​
  • When and how the child sees both parents.

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?​

  • Where your children should live​
  • When your children should see you and your ex-partner, and when they should stay with each of you overnight
  • Financial arrangements – contributions to the cost of bringing up your children in a fair way​
  • A potential change of the children’s names​
  • What school your children should attend

What is a child arrangement order?

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.

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A 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

  • Residence orders: Determining where your child lives
  • Contact orders: Arranging time with both parents

We offer an award winning service

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.

Why choose Stowe Family Law for your child arrangements order?

  • As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.
  • We are proud to be rated ‘Excellent’ on Trustpilot. Check out our reviews to see what our previous clients have said about our service.
  • We feature in The Legal 500 rankings and are fully authorised and regulated by the Solicitors Regulation Authority (SRA).
  • We keep you informed. Take a look at our support section, which features a range of helpful guides focusing on important topics including finances and mediation.

Common questions on child arrangement orders

Common questions on child arrangement orders

  • How long does a child arrangement order last?

    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.

  • How much does a child arrangements order cost?

    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.

  • How to apply for an emergency child arrangements order

    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.

  • Can a child arrangements order be varied?

    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.

  • What happens if a party breaches the child arrangements order?

    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.

Ashley Le-Core is a Senior Associate at Stowe Family Law’s Tunbridge Wells office. He handles all areas of family law, including, but not limited to, injunctions, children arrangements, divorce and finances, Special Guardianship and relocation out of the jurisdiction applications.

Date last reviewed: 19/07/2024

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