Flexible Working Requests: Regulations and Employer Responsibilities
Flexible working has taken many shapes, evolving in line with societal changes – especially after the COVID-19 pandemic. Although it has always been available,…
Disagreements over child arrangements can arise during or after separation from your child’s other parent, and often over seemingly trivial issues. We’re here to help with families of all shapes and sizes.
When parents separate, deciding where your children live, how they spend time with each parent and what happens during school holidays can be difficult. Clear arrangements can help reduce uncertainty and avoid disagreements.
Our child arrangements solicitors advise parents and other eligible relatives on negotiating child arrangements, preparing agreements and applying for or responding to child arrangements orders. We can help you consider mediation, deal with urgent safeguarding concerns and represent you where Family Court proceedings are necessary.
We can help with:
FAQs
A child arrangements order is a Family Court order setting out where a child lives, when they spend time with a parent or another person, and whether other forms of communication should take place. It may cover weekends, school holidays, overnight stays and telephone or video calls.
An order is not automatically necessary after separation. It may be appropriate where agreement cannot be reached or where a binding framework is needed. Our family law solicitors can also explain how child arrangements differ from parental responsibility and other orders concerning a child’s upbringing.
Yes. Many parents agree arrangements directly, with help from solicitors or through family mediation. A parenting plan can cover ordinary routines, school holidays, birthdays, handovers, communication and how proposed changes will be discussed.
An informal parenting plan is not itself a court order, however, where appropriate, parents can ask the court to approve agreed terms in a consent order. The court considers whether making an order is in the child’s best interests. Our child arrangements solicitors can help consider wider issues together.
There is no ‘one size fits all’ in child arrangements and no automatic entitlement to an equal division of a child’s time. An arrangement that works for one family may be unsuitable for another because of a child’s age, school routine, travel distances, individual needs or safety concerns.
Often, fathers are concerned that mothers will take priority when courts are looking at living arrangements, however this is no longer true.
The Family Court focuses on the child’s welfare. It may order a range of arrangements, including substantial time with both parents, without assuming that an exact 50/50 split is required. We can help develop realistic proposals and explain the reasons behind them.
The child’s welfare is the court’s paramount consideration. Depending on the circumstances, it considers the child’s wishes and feelings in light of their age and understanding, physical and emotional needs, the likely effect of change, any risk of harm and each adult’s ability to meet the child’s needs.
The court also considers the practical arrangements each person proposes. A parent’s preference is not decisive, and the court will not make an order merely because one has been requested. We help prepare relevant evidence and present child-focused proposals rather than competing allegations.
Before making many private children applications, the applicant is normally expected to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies. The MIAM explains mediation and other ways of resolving the dispute. It does not require you to reach an agreement or continue into mediation.
Exemptions can apply, including in some cases involving domestic abuse or urgency. Mediation may be unsuitable where there are serious safeguarding concerns. We can advise whether an exemption may apply and what information is needed for a court application.
An application is usually made to the Family Court using form C100. The court will consider safeguarding information and may list an initial hearing, often called a First Hearing Dispute Resolution Appointment. Cafcass or Cafcass Cymru may undertake safeguarding checks and, where directed, provide further information or a report.
Some cases resolve by agreement at an early hearing; others require additional evidence, interim decisions or a final hearing. The process and timescale depend on the issues, especially if allegations of harm need investigation. Our solicitors can prepare applications and responses and explain each stage.
The appropriate response depends on the wording of the order, what has happened and whether there are genuine concerns about the child’s safety. Keep an accurate record of missed arrangements and relevant communications, but avoid unilateral steps that could worsen the dispute or create further risk.
Where discussion or suitable dispute resolution does not resolve matters, the court can consider an enforcement application. It may instead decide that varying the arrangements is more appropriate. Enforcement is not automatic, particularly where there is a reasonable explanation or safeguarding issue.
Yes. Circumstances may change as children grow older, start school, develop different needs or when a parent moves or changes working arrangements. Parents may agree practical adjustments, but an informal agreement does not automatically replace the terms of an existing court order.
If a change needs to be legally effective, it may be appropriate to seek a consent order or apply to vary the existing order. Where parents cannot agree, the court considers what best promotes the child’s welfare. We can review the order and assess your options.
Grandparents and some other relatives may be able to apply for an order about time with a child. However, grandparents do not generally have an automatic right to apply without first obtaining the court’s permission, unless a statutory exception applies.
The court considers the nature of the relationship, the circumstances and, ultimately, the child’s welfare. We advise on permission requirements, relevant evidence and whether a negotiated agreement may be achievable.
A proposed move can affect schooling, travel, handovers and the child’s relationship with the other parent. The legal position depends on where the child is moving, who has parental responsibility and the terms of any existing order. An international move raises additional legal requirements and may need consent or court permission.
If agreement cannot be reached, a specific issue order or prohibited steps order may be relevant alongside child arrangements. Urgent advice may be needed if a move is imminent. Our child arrangements solicitors can advise on the appropriate application.
The Family Court must consider any risk of harm when deciding arrangements. Allegations of abuse, coercive behaviour or unsafe handovers may affect whether direct time together is appropriate, whether protective measures are needed and how evidence should be assessed.
Safeguarding concerns should be explained promptly and supported by available evidence. The court may make interim arrangements or decide that further investigation is required. We can advise on suitable applications and how to present concerns clearly without compromising the child’s safety.
Not usually. Arrangements about where a child lives and how they spend time with others are separate from the rules governing financial support. Child maintenance is commonly dealt with by agreement or through the Child Maintenance Service, although there are circumstances in which the court can consider financial provision.
The amount of time a child spends with each parent can affect certain maintenance calculations, but a child arrangements order is not itself a general maintenance assessment. Our child maintenance dispute solicitors can advise on related financial issues.
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