Child Arrangement Orders

When a relationship or marriage breaks down, it's vital to ensure that any parental responsibilities are being fulfilled and that the children do not suffer unnecessarily. Part of this is deciding where children should live with a Child Arrangement Order which seeks to minimise disruption to them physically or emotionally.

Child Arrangement Orders

What is a Child Arrangement Order?

A Child Arrangement Order is a Court Order that sets out where a child will live and who they can spend time with. Such orders last until the child reaches the age of 16 unless the circumstances of the case are exceptional, and the Court has ordered that it should continue for longer.

We understand that divorce and separation can be a very difficult time for anyone, and matters can become further complicated when there are children involved. Setting into a new routine can be difficult for children and that's why such matters should be dealt with as quickly as possible. Agreeing to an arrangement for your children is one way of enabling you to do this.

Child Arrangement Orders cover a range of issues, such as:
  • Custody: where your children will live
  • Access: who they can see and when
  • Financial maintenance: such as child maintenance, school fees and housing costs
  • Relocation: whether a parent can relocate a child (both in the UK and overseas)
  • Grandparents' rights: getting legal access to your grandchildren
  • Specific issues: such as changing a child's surname or school

If appropriate, we encourage parents to attempt to negotiate matters without having to go to court, so they don't expose their children to such an environment. Mediation is quicker and less stressful for you and your children and can promote a good working relationship with your ex-partner. However, if an agreement cannot be reached then it is important that you seek the courts assistance.

If your case does need to go to court, our lawyers can help with various types of court order:
  • Child arrangements order: Where your child lives when they have contact with their parents
  • Prohibited steps order: this can prevent your ex-partner doing something, such as changing your child's surname or removing them from the country
  • Specific issue order: this can decide a particular issue, such as where a child is to be educated or their dietary and religious requirements.

Who can apply for a child arrangements order?

Any parent or guardian of a child can make an application for a child arrangements order. The following people also have the right to apply for contact with the child:
  • Anyone who lived with the child for at least three of the last five years and the application is made within three months of the child ceasing to live with them
  • Step-parents.
  • The Local Authority

Anyone who does not fall into these categories can still make an application and the court will consider their relationship with the child, the advantages of the order and the risk of harm to the child.

If an order is granted to someone who is not the birth parent of the child such as a grandparent or other close relative, the parental responsibility is shared equally between the guardian and the parents, whose legal relationship with their child will not change.

If the child does not agree with the arrangements outlined in the order, they are able to instruct a solicitor themselves to present their wishes to court provided that they are of appropriate age and understanding.

Why choose Westridge Legal?

Our team of family lawyers are aware of the sensitivity and complexity involved in child arrangement orders. We understand that every individual and child requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.

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