Following separation, it can be difficult making arrangements for your children in what is usually a very emotional, and often challenging time following the breakdown of a relationship.

Differences of opinion and unresolved issues from the relationship can impact on how each parent views what is fair and in the best interests of the children.

If no resolution can be found by agreement, then the next step may be to make an application to the Court for a Child Arrangement Order.

Emotions And Child Arrangements

The hardest part of a relationship breakdown can often be acrimonious discussions between a child’s parents around child arrangements for example; when, where, and how often, separated parents can see them.

Understandably, both parents will want to spend a fair amount of time with their child(ren) however, practicalities such as school, activities and providing a consistent routine and stability, are key.

Seeking Independent Help From Family Law Experts

When a couple have decided to separate, where their child(ren) live and where a child spends time between them can often be a source of significant stress.

Seeking professional advice from family law experts can ease some of the pressure.

Legal Representation To Secure Fair Child Arrangements

Individuals with parental responsibility for a child or children, can seek legal advice to support the family in relation to their child’s welfare.

Child Arrangement Orders can be sought when parents are unable to reach a mutually consented agreement on where their child(ren) spend time.

Making child arrangements through a formal legally binding Child Arrangements Order can prevent an acrimonious environment as the child or children’s best interests will be carefully considered by the family Court.

Child Arrangement Orders Explained

A Child Arrangement Order is an order from the Court that explicitly details the arrangements for your children.

This will include where they should live and details the time they should spend with each parent.

You can also ask the Court to include holiday contact, contact for special occasions i.e. Mother’s Day, Father’s Day, the Christmas holidays, and other special occasions if these cannot be made by agreement between the parties.

Who Can Apply For A Child Arrangements Order?

Anyone with Parental Responsibility can make an application to the court, this includes step-parents, a guardian, or another relative

Grandparents And Child Arrangement Orders

It is also not uncommon for grandparents to make a Child Arrangement Order application to the Court for contact where their access has been restricted.

However, if the Court does not consider them a guardian of the children, they would have to apply to the Court for permission to seek a Child Arrangement Order.

The Court will consider their application before they are able to apply for a Child Arrangement Order.

What Is The Process For Applying For Child Arrangement Orders?

If an agreement cannot be reached through initial negotiation, then the first step, which cannot be avoided, is to attend a Mediation Information Assessment Meeting (MIAM).

During this meeting, a qualified mediator will consider whether an agreement on child arrangements can be reached through mediation, or in the case where both parties simply cannot reach any agreement or compromise, they will direct that the matter should be dealt with by the Court.

Legal Aid For A Mediation Assessment

If you have been assessed and qualify for Legal Aid, there will be no fee to pay for the mediation assessment.  If you are not eligible for Legal Aid the mediator will charge for the meeting.  The cost will vary from provider to provider.

In some circumstances, mediation will not be appropriate where there has been domestic violence in the relationship. It is important that you let us know if this applies to you if you instruct Best Solicitors to assist.

What Happens If No Agreement Is Reached On Child Arrangements During Mediation?

Following mediation, if no agreement is made, the next step is to complete an application to the Court detailing a parent’s intention to seek a Child Arrangement Order.

A copy of this will be served on the Court and on all interested parties.

After submission to the Court, a notification (order) will be received in due course detailing a first hearing date.

The First Hearing For A Child Arrangement Order

During the first Child Arrangement Order hearing, the Court will want to establish what the issues being disputed are and will set out the next steps for both parties to undertake.

This may involve gathering further information on the case, the instruction of CAFCASS to spend time with each parent and all the children involved, and for them to prepare a report thereafter.

Children’s Wishes During A Child Arrangements Order

If your children are 10 years of age or older, the Court will want to understand their wishes and feelings.

It is important that you understand that CAFCASS will obtain that information from your children and will report this to the Court.

What Are The Factors Considered By A Court On Child Arrangements?

The Courts may consider a number of other factors in order to make a decision in the best interests of the child(ren). This may include:

–        The Child(ren)’s needs – emotional, physical, and educational

–        The parent’s capacity to provide for the child and meet their needs

–        Whether the child has suffered or is in danger of suffering from potential abuse/neglect

–        How any changes to routine or contact may impact on the child(ren)

Contact Arrangements Until A Child Arrangements Order Is Finalised

In the interim, the Court may set out child contact arrangements where appropriate until a final Child Arrangement Order can be made.

At the final hearing, the Court will inform all parties of their decision as to where your child(ren) should live, who should have contact, when, and where contact will take place, and how long each contact should last.

What Does A Child Arrangement Order Include?

We have touched on a couple of points that the Court can consider and typically include within the final order, however, some of the more common stipulations made by a Child Arrangement Order may include the following:-

–        Whom the child will live with primarily

–        The frequency of visits – this will detail whether visits should be after school, at weekends, and how often

–        Where visits will take place – for example, at parent’s home, child(ren)’s home, public location or contact centre

–        Any contact allowed outside of visits – for example, texts, phone calls, emails, social media contact etc

What Are The Consequences Of Breaching A Child Arrangements Order?

A Child Arrangement Order is an Order made by the Court and is therefore legally binding.

Where there are breaches of the Order by one party i.e. not returning the child(ren) from contact as set out in the Order, or not allowing contact to take place for example, it is possible to make an application to the Court for enforcement of the Child Arrangement Order.

What Happens When Child Arrangement Orders Are Breached?

Enforcement of a Child Arrangement Order is similar to the original application whereby you will have to make an application to the Court, the Court will list the matter in the first instance for a preliminary hearing.

At the hearing, the Court will request insight as to the non-compliance and breaches of the Order and will consider whether CAFCASS should be further instructed.

The Court will consider and determine whether a breach of the Order has in fact taken place and will seek clarification as to the reasons behind this.

Next Steps If No Reasonable Reason For A Breach Of Child Arrangements Order

If the Court considers that there is no reasonable excuse for the breach of the Order, they will then consider what steps should be taken.

This could include further mediation, a contact enforcement order, or the imposition of a fine, or other punishment such as a community sentence. The Court may also reconsider the terms of the Order and vary this before making a new, final Order.

How Much Does An Application To The Court Cost?

The Court fee for an application for a Child Arrangement Order is £232. If you are not eligible for Legal Aid there will also be a cost for mediation and of course, solicitors’ fees.

Best Solicitors offers an initial consultation for £199 and will of course consider your personal circumstances. We can look at payment plans and will provide guidance at every step of the way in relation to the legal representation fees.

Transparency On Legal Fees For Child Arrangements Orders

Our fees will reflect the complexity of the case. If an agreement can be reached prior to the issuing of Court proceedings, or during proceedings, this can aid in saving costs.

An agreement can be made between the parties at any time during the proceedings. If an agreement is reached, we can submit a Consent Order to the Court setting out the basis of the agreement and arrangements.

Child Arrangement Orders In Sheffield And Barnsley

If you are having difficulties in relation to contact with your child(ren) and are considering taking steps to secure a Child Arrangement Order, our empathetic and experienced family law team can offer transparent, and empathetic, representation.

The team at Best Solicitors understands how a separation can impact both you and your children.

We are here to guide you through every step of the process. Our team has vast experience in Child Arrangement Orders and understand the stress and upset faced by families in these circumstances.

Contact Best Solicitors Today For Child Arrangements Orders

Contact our team today to ensure you are receiving the right legal advice, at the right time.

We understand the anxiety caused to the whole family following a relationship breakdown.

We are here to represent individuals seeking to formalise how their child spends time between the parties.

We offer impartial advice according to family law which seeks to determine Child Arrangement Orders in a child’s best interests.

You can contact our team on 0114 358 3134, or send us a message and we will call you back.