Understanding Child Arrangement Orders in UK Family Law
When a couple decides to separate or divorce, one of the most crucial aspects they need to consider is the welfare and future of their children. In the UK, family law solicitors play a vital role in assisting parents in reaching agreements regarding their children’s living arrangements, contact with each parent, and other important matters. One of the legal tools available to help resolve these issues is a Child Arrangement Order.
What is a Child Arrangement Order?
A Child Arrangement Order is a court order that specifies where a child will live, spend time, and have contact with their parents or other relevant individuals. These orders replace the previous terminology of “residence” and “contact” orders. A family lawyer can help you understand the process of obtaining a Child Arrangement Order and guide you through the legal proceedings.
The Children Act 1989, Section 8, defines a Child Arrangements Order as:
“an order regulating arrangements relating to any of the following—
(a)with whom a child is to live, spend time or otherwise have contact, and
(b)when a child is to live, spend time or otherwise have contact with any person;”
When is a Child Arrangement Order necessary?
A Child Arrangement Order may be necessary when parents cannot agree on their children’s living arrangements or contact with each parent. This can happen during a divorce, separation, or when parents have never been married or cohabited. A family court lawyer can advise you on whether a Child Arrangement Order is appropriate for your situation.
The role of the court in deciding Child Arrangement Orders
When considering a Child Arrangement Order, the court’s primary concern is the child’s welfare. The court will take into account various factors, such as the child’s emotional needs, the likely effect of any change in circumstances, and any harm the child has suffered or is at risk of suffering. A judge will also consider the child’s wishes and feelings, depending on their age and understanding.
Mediation and alternative dispute resolution
Before applying for a Child Arrangement Order, parents are encouraged to attend mediation to try and reach an agreement. Mediation is a process where an impartial third party helps parents discuss their issues and work towards a resolution. A family law solicitor can support you during the mediation process and ensure that your rights and interests are protected.
If mediation is unsuccessful, or if there are concerns about domestic violence or child safety, then a court application may be necessary.
Seeking legal advice
Navigating the complexities of family law can be challenging, especially when emotions are running high. Seeking advice from a qualified child custody lawyer can help you understand your rights, obligations, and the best course of action for your family’s unique circumstances.
For more information on family law matters, you can visit the Family Law Expert YouTube channel, which provides valuable insights and guidance on various topics related to divorce, child custody, and other family law issues.
No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.