A child arrangements order is an order setting out with whom the child(ren) will live or spend time with, it can also provide conditions upon any contact arrangements.
Supporting individuals and families with the specialist legal experience needed in complex cases involving children.
Separation, divorce or dissolution can be traumatic for everyone, but especially where children are involved or domestic abuse is prevalent. It is paramount therefore that these cases are handled with the utmost care, experience and sensitivity.
Our specialist team support in a whole range of different situations relating to children, whether it’s securing parental rights, helping to agree how much time each child should spend time with or live with each parent, considering whether your child(ren) should relocate with you or their other parent, or attend a specific school or receive medical treatment or if financial provision for the child(ren) is required.
We support parents, grandparents, step parents and wider family members in family breakups with issues relating to children, in a sensitive and compassionate way.
We also specialise in relocation cases both internally within England and Wales and elsewhere in the world. We have supported a number of families moving to other jurisdictions with the support of the other parent, or with the court’s permission, as well as successfully defending requests made by other parents. We can work with you from the early stages of a potential relocation or in the event of an emergency court application being required.
We have specialist expertise and longstanding experience in this area. Our team are trusted to provide a constructive problem-solving approach and will ensure that the welfare of you and the child(ren) are considered when making any legal decision, no matter how small.
It can be stressful deciding what is best for the children. Our team will help with the difficult discussions and decisions, ensuring that the situation is as stress free as possible. We will build a trusted team for you and your family, including involving independent social workers, family therapists, child inclusive mediators and experts where necessary.
We can also advise upon safeguarding issues where there has been abuse and can help you to obtain the appropriate protective orders required to protect safety and welfare if necessary.
Every family is unique so we will tailor our approach to your needs and expectations to ensure the best outcome for all involved.
A child arrangements order is an order setting out with whom the child(ren) will live or spend time with, it can also provide conditions upon any contact arrangements.
A specific issue order does as the name suggests, deals with a specific issue concerning a child usually relating to health, education or welfare such as where they attend school or whether they can have a particular medical treatment or in a particular religion.
A prohibited steps order prevents a parent from using their parental responsibility in a specific way such as to relocate with the child(ren) or change the child(ren)’s school without permission of the court or written permission of the other parent or persons with parental responsibility.
If you are fearful for your safety or the safety of your children, the court can provide you with protection. Abuse is defined very widely and can include coercive and controlling behaviour, as well as physical violence.
The court can make a non-molestation order (to stop someone pestering, harassing, threatening or using violence against you). These orders can also stop someone from contacting you or going near you.
The court can also make an occupation order which deals with who can occupy the family home. This order can require someone to leave the property and stay away for a period of time and / or order that a person is allowed to occupy the family home.
If you are worried about your children being at risk of harm, it is important to consider what, if any, contact arrangements are appropriate. Our specialist family lawyers can help you navigate this and advise on any necessary court applications to keep you and your children safe.
Anyone with parental responsibility for the child(ren), a parent or a person with permission of the court and all persons who hold parental responsibility.
If there are no welfare concerns which could put your children at risk of harm, the court will always support children spending time with both parents and would look unfavourably on the parent restricting contact without good reason.
The importance of the role of both parents in a child’s life, is paramount and the role of one parent should not be diminished over the other.
If your ex-partner has stopped contact, it is important to seek advice as soon as possible to avoid too much time passing. Our specialist family lawyers can advise you on the best approach to secure routine time with your children, whether that be by agreement, or if needed, through applying to the court for a child arrangements order.
The short answer is no. There is not set formula for the time that children spend with each parent following a separation. What is however clear is that in the absence of welfare concerns, the role of both parents in a child’s life is paramount and the role of one parent should not be diminished over the other.
The tide has certainly turned and shared care is becoming the norm. Just because one parent has taken on a financial role for the family, this does not mean that they cannot be more involved in the childcare following separation. Shared care does not always mean equal time, but will depend on what is best for the children in their own particular circumstances.
Even where children do not spend equal time with each parent, the court can make a shared lives with child arrangements order. The purpose of this order is to convey to each parent that they both hold equal value in their children's lives, and to assure the children that each parent is equally as important. A shared lives with order allows both parents to take the children out of the country for up to 28 days without needing permission from the other parent, as long as it falls within their scheduled time.
If you have felt pressure to accept a limited role in your children’s lives, our specialist lawyers can help you create a plan to increase your involvement as a parent and have regular time with your children. Similarly, if you believe that shared care isn’t suitable for your children, we can assist in structuring safe and appropriate arrangements.
The general rule is that if you are seeking to take your children abroad, you must obtain permission from the other parent or persons who have parental responsibility. This may differ if there is a specific Child Arrangements Order in place.
If you have a Child Arrangements Order that specifies the child lives with you, this is known as a "lives with Order." This allows you to leave the country for up to 28 days without needing permission from the other parent. However, this does not mean that you should travel without notifying them of your travel plans.
If your ex-partner does not consent to the trip, you will need permission from the court.
There are slightly different considerations if you are moving within the UK or abroad,
Whether you will need consent also depends on if there is an existing child arrangements order in place.
If and when you do secure consent, make sure to obtain the consent in writing as this may prove as useful evidence, if they later change their mind – and preferably consent given after having received legal advice.
Our specialist lawyers can help you develop a persuasive and well-researched plan that outlines why the move is in the best interests of your children. We can also help you develop a workable contact plan to ensure that the children continue to maintain their relationship with the other parent and extended family. This will be an important factor for the court to consider.
If you think that a move is planned, it is much better to prevent the children from going in the first place and taking early advice is extremely important.
Our specialist lawyers will act quickly to work out the best approach to ensure that your children are not relocated without your permission. If your ex-partner does not engage, we may need to make an urgent court application. This is likely to include an application for a prohibited steps order, which is an order which stops the other parent from unilateral taking actions.
If they have already relocated with the children, it is important to act quickly. Our specialist lawyers will be able to advise you on the quickest, calmest, and most effective way to reunite you with your children. This is likely to involve an urgent court application for a specific issue order, requiring the children to be returned.
If you have a child arrangements order in place, this will likely set out what happens during holiday periods. If you do not have a court order or agreement in place, it is sensible to start discussions with your ex-partner as early as possible.
Your children will likely want to spend time with both parents and their extended families and it is important to work together as parents to ensure that your children do not feel caught in the middle.
Our specialist family lawyers can help you navigate these discussions with your ex-partner and initially explore whether mediation might be suitable.
Where one holiday or special occasion is in dispute, it is not usually proportionate to apply to court, but if you are still struggling to agree matters, there are a couple of different options to consider:
This can be a challenging area to navigate and if you are having difficulty agreeing matters with your ex-partner, one of our experienced family team can advise you on the best approach.
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