Understanding Child Arrangements: A Detailed Guide for Parents

Navigating child arrangements after divorce or a separation can be one of the most challenging aspects for parents. Ensuring that the best interests of the children are met is the main priority of the Court and this is what parents need to focus on when making their decisions.

What is a Child Arrangement Order?
Child arrangements is the legal terminology referred to by the Court in respect of contact / residence etc. The Court updated their terminology some time ago and now orders or agreements made between parents are referred to as a living with arrangement or a spending time with arrangement. These arrangements can include details about daily living, schooling, holidays, and other significant aspects of the child’s life.

The Law Behind Child Arrangements
Child arrangements are governed by the Children Act 1989. The key principle of this legislation is that the child’s welfare is the paramount consideration in any decision-making process. Therefore, the Court will not necessarily decide what is best for each parent, they will look to determine what arrangements are best for the children.

Types of Child Arrangements
1. Living With (i.e. Residence): This refers to where the child will live. It can be with one parent or shared between both parents. It should be noted that shared residence does not necessarily mean 50/50.
2. Spending Time With (i.e. Contact): This determines the time the child spends with the other parent. It can include teatime contact, weekend contact, overnight stays, weekends, holidays, and any other regular arrangements agreed or ordered by the Court.

Options for Parents
1. Mutual Agreement: The best approach is for parents to come to an amicable agreement without involving the Courts. This can be done through direct discussions between themselves or with the help of solicitors or mediation.
2. Mediation: Mediation involves a neutral third party who helps parents discuss and resolve disputes amicably. It is often quicker, less stressful, and more cost-effective than going to Court. At the time of writing this blog, the Government are still financing a scheme for parents who are separating and are willing to assist with some of the costs of mediation. Find out more here: Family Mediation Voucher Scheme – GOV.UK
3. Consent Order: If parents reach an agreement through mediation or negotiation, they can make the arrangement legally binding by applying for a consent order from the Court.

When the Court Gets Involved
If parents cannot reach an agreement and you have exhausted all other options (especially mediation as this is compulsory) either party can apply to the Court for a Child Arrangements Order. The Court will consider various factors to determine what is best for the child. To issue a Child Arrangements application the Court fee is £255 and you will need to have the following (taken from gov.uk):

• details of the other people (the respondents), including their date of birth
• the child’s or children’s details, including date of birth
• contact details of the respondents, including their current address
• solicitor details (if you have asked one to represent you)
• details of any previous family court cases
• signed document confirming MIAM attendance (if applicable)
• a scan, photo or electronic copy of the document confirming MIAM attendance if you are applying for a child arrangements order, prohibited steps order, specific issue order, or to change or end an existing order (if applicable)
• written agreement signed by both parties for the court to formalise if you are applying for a consent order
• a scan, photo or electronic copy of your draft consent order if you are applying for a consent order
• evidence for a MIAM exemption if needed
• completed and signed certificate of suitability or copy of the court order appointing a ‘litigation friend’ if any of the people making this application are under 18

Court Orders
The Court can issue several types of orders:

• Child Arrangements Order: Sets out where the child will live and how they will spend time with each parent.
• Prohibited Steps Order: Prevents a parent from making specific decisions about the child’s upbringing / can be used to stop a child being taken out of the country / out of one parent’s care without the Court’s permission.
• Specific Issue Order: Deals with specific disputes, such as which school the child should attend or decisions about medical treatment or permission to take the child on holiday.

Practical Tips for Parents

• Prioritise Communication & Be Flexible: Keep lines of communication open and focus on the child’s needs, wishes and feelings. Try and remain amicable for the sake of the children and if you can’t reach an agreement seek support. Remember children’s needs change as they get older and arrangements may need to change to reflect that.
• Seek Support: Self refer to mediation services and seek legal advice when necessary.
• Keep Records: Document important communications and agreements to avoid misunderstandings now and in the future.

Conclusion
If you need help in navigating child arrangements, at MBH Solicitors we offer 30 minutes FREE legal advice.
Please get in touch and speak with one of our family lawyers now on 01942 206060 or by e-mail to mbh@wigansolicitors.com