If you cannot agree where your child should live and how much time he/she spends with each parent, it will be necessary to get a child arrangements order from the court.
If you would like to speak to a family lawyer about a child arrangements order, please call us on 01938 552545 / 01686 625134 or complete a free online enquiry and we will be happy to help you.
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To find out more about child arrangements orders, including what the process involves, please download our free guide.
Child arrangements orders explained
A child arrangements order is usually needed when parents separate or divorce and cannot agree on where their child should live, and when/how their child spends time with each parent (or any other person with parental responsibility).
If such a dispute does arise, those involved should try to resolve their differences by attending mediation. This is now compulsory, unless there are extenuating circumstances – for example, there are allegations of domestic violence.
If mediation is not successful or appropriate, you will have to ask the court to decide on your behalf. To do this, one person must apply for a child arrangements order. The judge will consider all the evidence available before deciding what is in the child’s best interests.
The terms of the order will depend entirely on the circumstances, but might state –
- With whom a child must live
- Where and when a child spends time with other people named in the order, for example, the other parent or a step-parent
- Other conditions relating to the child’s welfare
Typically, a parent will apply for a child arrangements order. However, it is possible for others to make the application. For example, anyone with parental responsibility is allowed to apply, such as a step-parent or guardian. Others can also apply, so long as they have obtained permission from the court.
For more detailed information, please download our Guide to Child Arrangements Orders.
Family lawyers for child arrangements orders
At Harrisons Solicitors we know that child arrangements can be one of the most contentious areas following a divorce or separation – and one of the most upsetting. Fighting over your children is unpleasant for everyone involved. The thought that you might not be able to see your child, or spend as much time with them as you hoped, can also be extremely frightening.
That is why where possible, we will work with you to reach an amicable solution. Our family lawyers can help to negotiate an arrangement which satisfies everyone’s interests. As experts in collaborative law, we will strive to help you reach an out-of-court settlement, and will guide you through the mediation process if needed.
Nevertheless, we appreciate that this is not a realistic goal in every case. If court is unavoidable, we can apply for a child arrangements order on your behalf, or respond to the application as necessary. We will then prepare all the paperwork and represent you at the court hearings, using our skill and expertise to achieve a positive outcome.