Child Arrangements, Residence and Contact Legal advice on child arrangements, residence and contact

Arrangements for children will deal with issues such as where a child will live, how much time they will spend with each parent, how they will stay in touch with each parent while they are not with them and what will happen in the school holidays. When the child reaches the age of 18 the Child Arrangement Order expires.

The court prefers that these details are worked out between the parents wherever possible. At Heald Solicitors, we can represent you in negotiations with your child’s other parent to try and agree on arrangements that are in your child’s best interests as well as being acceptable to you.

Our family law team understand that making arrangements for your children is often the hardest part of a separation or divorce. We will do all we can to support you and provide the advice and guidance that you need throughout.

Putting a Child Arrangements Order in place

Ideally, both parents will be able to agree on parenting issues together and put these into a parenting plan. Working together to support and effectively help children through this time is generally beneficial for everyone concerned.

Once a plan has been agreed upon, there is the option of having it sealed by the court so that it becomes a legally binding child arrangements order. This can be reassuring for the future as it will give you the certainty of knowing that there are legally binding arrangements in place.

In some instances, as the child gets older, in particular once they reach the age of 11 they may decide that they want to live with the “other” parent, and as they are deemed competent to understand the gravity of the situation, then a court would take such wishes into consideration. In some instances if both parties informally agree to the child living with the “other” parent then any change can be ratified by requesting a variation in any existing order. The court also has the ability to grant a shared “lived with” order indicating that the child “lives” with both parents rather than just one specific parent.

When agreement cannot be reached

If you cannot reach an agreement over any or all of the issues involved then the next step is to attend mediation. A neutral mediator will work with both parents to try and help them find a resolution together.

If an agreement still cannot be reached, then we can ask the court to decide the matter and put a child arrangements order in place.

The court will look at what is in the best interests of the child when reaching a decision, to include the following:

• The wishes and feelings of the child, in the light of their age and understanding
• Their physical, emotional and educational needs
• The ability of the parents to meet those needs
• The effect on the child of any change in circumstances
• The child’s age and sex and any other relevant characteristics
• Any risk of harm that there may be to the child

If no Child Arrangements Order (CAO) is put in place, then if the “non-resident” parent fails to return the child to their usual home following access then issues can arise. Typically, this can often be deemed to be a civil matter as opposed to a criminal matter, thus, if the issue can’t be resolved by negotiation, then the injured party may need to apply for a CAO in order to rectify the problem.

For more information on child arrangements, residency, and agreeing contact arrangements please contact us for more information.