Child Arrangements

Are you having problems with child arrangements?

The importance of child arrangements

One of, if not the main issue when couples are separating is the impact upon the children and being able to agree the arrangements for them spending time with each of their parents.

When there are difficulties in being able to agree the arrangements, this can be a extremely emotional and difficult time.

We Break
the Mould

Parents often find it beneficial to speak to a solicitor to understand their options and all attempts are made to try and agree arrangements without the need to go to court.

"If you’re  having difficulties in making the arrangements for the children following a separation.” Call 01482 225566 and chat to our family team.

Feel like a person & not just a number with our friendly legal advice! Call 01482 225566

Child Arrangements FAQs

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How are child arrangements made?

There are a number of ways of making arrangements for children, including by agreement between the parents. If this is not possible, then the parents may wish to attend at mediation to discuss the arrangements and to hopefully reach an agreement. If an agreement can still not be reached, then consideration can be given to making an application to the court for a Child Arrangements Order.

What is a Child Arrangements Order?

A Child Arrangements Order is a court order which regulates with whom a child is to live and how a child is to spend time with each parent. Such orders are governed by Section 8 of the Children Act 1989, with the primary consideration being what is in the best interests of the child(ren). This will of course vary from family to family.

How do the court consider what is in the best interests of the child(ren)?

To determine what is in the best interest of the child(ren), the Court considers points within the ‘welfare checklist’ which can be summarised as follows:

  • The wishes and feelings of the child concerned dependent on their age and level of understanding;
  • The child’s physical, emotional and educational needs;
  • The likely effect on the child if circumstances changed;
  • Any harm the child has suffered or may be at risk of suffering;
  • How capable the parents (or any other person who the court considers relevant) of meeting the child’s needs;
  • The powers available to the court in the given proceedings.

What happens if one parent breaches the terms of a Child Arrangements Order?

If a parent breaches this order, they will be in contempt of court. A departure from the terms of a Child Arrangements Order would not be a breach if this is agreed by both parties. It will be necessary for the Court to vary the order for such changes to become legally binding.

Is it possible to take children abroad without the consent of both parents?

If both parents have parental responsibility, then both parents will need to consent to a child being taken abroad unless there is a court order enabling a parent to do so.

Listen to our Child Arrangements experts

Simon Young

Simon Young

Managing Director and Solicitor

What makes me tick? From an early age I have always enjoyed matching my wits against people…

Beth Lamplough

Beth Lamplough

Legal Cashier

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Courtney Scott

Courtney Scott

Assistant to Nicky Mounsor

What makes me tick? It’s my mission to ensure that our team works like a well-oiled machine…