Understanding child arrangements.

Divorce often brings about significant changes in a child’s life. It’s crucial to establish stable and supportive child arrangements to ensure their well-being. When going through a divorce, parents can either mutually agree on child arrangements or seek legal intervention.

Child arrangements refer to the plans and agreements made between parents or guardians regarding the care and living arrangements of their children after a divorce or separation.

They encompass various aspects, such as:

• Where the children will live
• How much time they’ll spend with each parent
• How you’ll financially support your children

This is not an exhaustive list and further aspects may involve any area of a child’s life affected by divorce.

If you and your partner agree on child arrangements.

It’s usually possible to avoid going to court hearings if you can agree on these factors with your partner. You can also enlist a legal advisor if you wish to make this agreement legally binding.

Making your agreement legally binding

To ensure the legal enforceability of your agreement, your advisor will help to create a consent order.

A consent order is a legally recognised document that serves to validate your agreement. It can encompass various aspects concerning the welfare of your children, such as:

• Determining their place of residence
• Establishing schedules for parental visitation
• Specifying the timing and nature of other forms of communication (e.g., phone calls or video calls)

Both you and your former partner must sign the preliminary version of the consent order. Additionally, you’ll need to seek approval for the consent order to finalise its legal validity.

Get your consent order approved

To secure approval for your consent order, either you or your ex-partner must initiate the process of applying for a court order. Your legal advisor can assist you with the application procedure.

It is not necessary to demonstrate that you have attempted mediation.

It is advisable to keep copies of both the application form and the preliminary consent order.

Once the court receives your paperwork

In most cases, there will be no need for a court hearing. If a judge deems that you have made decisions in the best interest of your children, they will grant approval for your consent order, rendering it legally binding.

However, if the judge determines that the consent order is not in the best interest of your children, they have the authority to:

• Modify your consent order
• Issue an alternative court order to determine what is most beneficial for your children

Remember – the judge will always have the children’s best interest in mind.

Get help agreeing on child arrangements.

Mediation and Negotiation

Before initiating court proceedings, it is generally recommended to attempt mediation or negotiation with the other parent.

Mediation allows both parties to discuss and resolve any disputes regarding child arrangements with the help of a neutral third party. If an agreement is reached, it can be documented and used as the basis for a child arrangement order.

It’s important to note that mediation is not relationship counselling. Instead, it aims to help you and your partner agree on the details of how you’ll care for your children, such as:

• Where they will live
• How much time they will spend with each parent
• What types of contact are appropriate and when
• Child maintenance payments

If mediation is successful you’ll receive a document detailing your agreement. This can then be made legally binding through a consent order.

Mediation Information Assessment Meeting (MIAM)

The initial meeting with a mediator is commonly referred to as a Mediation Information & Assessment Meeting (MIAM). 

The MIAM typically lasts around an hour and allows you to explain your situation and the matters that require resolution to the mediator. The mediator will provide you with information about the process and alternative options for reaching agreements.

Towards the conclusion of the meeting, the mediator will assess whether mediation is suitable for your case. You can then decide whether to proceed or explore other avenues to resolve your issues.

Additionally, the mediator can offer details about other support services available to assist you, such as counselling, debt advice, or resources on cooperative parenting after separation.

If your mediator decides mediation is not right for you and your partner, you may have to go to court instead.

Get more help agreeing on a child arrangement

If you still cannot reach a full agreement following mediation, there are some avenues you can take to avoid ending up in court. You can:

• Ask a solicitor about alternatives to resolve issues
• Ask for support from social services in the case of domestic violence or drug abuse

If you require assistance reaching a final agreement on child arrangements, contact our team via 0203 007 5500 or [email protected].

If you cannot reach an agreement on child arrangements.

If you and your partner are unable to reach an agreement on child arragements, the next step is to file an application with the family court.

You must provide proof that you and your partner have attended mediation first – unless, for example, there are issues of domestic violence or drug abuse.

The court may initially suggest you attempt mediation again or attend course to help resolve your issues.

Child arrangement orders

A child arrangement order is a legally binding document that outlines the specific arrangements for a child after a divorce or separation.

It can be obtained through the family court system and provides clarity and certainty for both parents and children. This order can cover various aspects, including:

• Living arrangements
• Contact schedules
• Decision-making responsibilities

Anyone with parental responsibility can apply for a court order.

Filing an application

The application will outline the proposed child arrangements and the reasons for seeking a child arrangement order.

It’s crucial to include all relevant information and provide supporting evidence, such as any concerns for the child’s welfare or specific requests.

You can apply online or using a paper form for £232.

Attending court hearings

After filing your application, the court will review the case and schedule hearings. Both parties must attend these hearings and present their arguments before a judge. The judge will carefully consider the child’s best interests, evidence provided, and any expert opinions before making a decision.

What judges and magistrates consider

The primary concern of the judge or magistrate is prioritising the welfare of the children involved. They will carefully consider the following factors:

• Desires and emotions of the child
• Any physical, emotional, and educational requirements
• The potential impact that any changes may have on the child
• Age, gender, personal qualities, and background
• Potential risks of harm to the child
• Ability of the parents to meet the child’s needs
• The available orders that the court can issue

The court will consider more factors if the situation requires it.

Reaching an agreement or obtaining an order

During the court hearings, the judge may encourage both parties to reach a mutually agreeable child arrangement. If an agreement is reached, it can be formalised into a consent order, which will have the same legal weight as a child arrangement order.

If you cannot agree, the judge or magistrate will establish a schedule for the subsequent proceedings.

They may request that you attempt to reach an agreement again, possibly by attending a meeting with a mediator.

If your case involves child arrangements, you might be required to participate in a course known as the ‘Separated Parents Information Programme‘, which aims to assist you in finding effective ways to manage child arrangements.

Typically, you will need to attend one or two meetings, depending on the specific program. It’s important to note that your ex-partner will not be present at the same meetings as you.

If you manage to reach an agreement at any point, the judge or magistrate has the authority to halt the process.

Change, enforce, or end an order.

Modifying an existing court order or consent order is possible, and you can also seek court intervention to enforce an order if your ex-partner fails to comply with it.

If you opt to change or enforce an order, it is likely that you will need to attend a court hearing. However, in many cases, you can avoid this by seeking assistance outside of court.

Change an order

If both parties agree, you can choose to deviate from the court order. However, unless you make it legally binding, you will not be able to enforce the changes later on. If you both agree on the new arrangement, you can create a consent order to formalise the revised agreement and request court approval.

Enforce an order

If your ex-partner is not adhering to the order, you can ask the court to enforce it by following these steps:

1. Complete form C79 for application, and refer to guidance CB5 if you require assistance.
2. Use form C78 to attach a “warning notice” if your order was issued before 8 December 2008. Orders made after this date will already include one.
3. Submit the forms to the nearest court that handles child-related cases. The fee is £232.

The court will reassess the circumstances to determine if any changes have occurred.

If the court enforces the order

Depending on the specifics and the issues brought before the court, they may issue:

• An enforcement order requiring your ex-partner to perform between 40 and 200 hours of unpaid work.
• An order for compensation for financial loss necessitating your ex-partner to reimburse any monetary losses incurred due to their non-compliance (e.g., missed holiday expenses).

If your ex-partner continues to disregard the court’s instructions, you can return to the court for further action.

If the court doesn’t enforce the order

The court may choose not to enforce the existing order if they determine that your ex-partner has a valid reason for non-compliance, or if an alternative arrangement is deemed more suitable for the well-being of your children.

If you disagree with the court’s decision or if your circumstances change, you can return to the court to address the matter.

End an order

To terminate (or discharge) a court order that is no longer effective or relevant for you and your children, utilise form C100 to apply for its termination. Submitting your C100 form online can result in faster processing compared to sending it by post.

If your order has a fixed duration, you can establish your own agreement once it expires. You can also seek assistance to reach a new agreement.

If you need legal advice on anything related to child arrangements, or divorce in general, speak to our expert divorce team today by calling us on 0203 007 5500 or by submitting a contact form.