Resolve child access disputes and move forward together positively

A child arrangements order is a court order and it can detail:

• Where a child lives;
• When a child spends time with each parent;
• When and what other types of contact take place, such as phone calls;
• Whether something specific needs to happen, such as a child being returned or where a child should go to school;
• Whether something specific needs to be stopped, for example, if one parent is threatening to remove a child

Child Arrangement Orders replace the old ‘residence’ and ‘contact’ orders. 

How long the process to obtain a Child Arrangements Order takes can vary greatly and depends on a number of factors, such as how many issues there are to resolve. 

There is a court application fee for processing an application for a Child Arrangements Order. During the course of proceedings, additional expenses may also be incurred if expert reports or specialist testing is ordered.

We advise on our fees to support you through the process in our initial appointment. 

There are various ways to seek to resolve matters before even considering making an application to the Court. We use our best endeavours to resolve matters for our clients with the least cost and stress. Court is always the last resort. 

In most cases if a Court application is made the parties need to provide evidence that they have considered mediation as an option to resolve any dispute. However, sometimes a Court application is unavoidable, and if this is the case we recommend you obtain advice on how best to approach the law and procedure of such an application. 

The C100 Form is the form that you need to complete in order to apply to the Family Court to make a decision regarding the arrangements for your children. On occasions there may additional documents required to send to the court along with the C100. 

It is important to note that there isn’t a “one size fits all” solution for separating families. Each family is different and the future arrangements for children will be influenced by a range of factors, such as the ages of the children, school requirements, funds available to meet basic housing needs and the wishes & feelings of the children themselves.

The children act 1989 provides that there shall be a presumption that unless shown to the contrary, that the involvement of both parents in the life of a child will further the child’s welfare. In other words, unless there is good reason to believe that it’s not in a child’s best infested then they should have a relationship with both parents.

CAFCASS is for Children and Family Court Advisory and Support Service.

They represent children in Family Court cases in England and Wales, independently advising the Family Courts about what is in a child’s best interests by putting the needs, wishes and feelings of the child forward and ensuring that their voices are heard. They are independent of the Courts, social services, education and health authorities and any similar agencies. They have a duty to safeguard and promote the welfare of children who are going through the family justice system.

No, you don’t. If you and your ex-partner can discuss child arrangements rationally between you, and reach an agreement that you are both happy with, then there is no reason for a Court order to be in place.

However, if you cannot agree the child arrangements or the arrangements you had in place no longer work for one then it may be that you need to consider making an application to the Court so that an order can be made. Always get legal advice, as it’s common that most issues never need to go to court and get resolved through negotiations with the support of a family solicitor. 

Your ex-partner cannot stop you from seeing your children unless, for whatever reason, it may cause a detrimental impact on your child’s welfare. If your ex-partner is attempting to prevent you from seeing your child, then you may need to consider making an application to the Court for a Child Arrangements Order unless you can reach an agreement between you.

It is always preferable for everyone concerned to reach an agreement outside of Court proceedings.

However, if you cannot agree the child arrangements or the arrangements you had in place no longer work for one then it may be that you need to consider making an application to the Court so that an order can be made. Always get legal advice, as it’s common that most issues never need to go to court and get resolved through negotiations with the support of a family solicitor. 

There are two scenarios that could come into play here – either a child will want to stop contact with a parent, or a child will want more contact with a parent.

The Courts are all to aware that very often a child will say what they think a parent wants to hear. Their wishes and feelings are important, and should be taken into account, depending on their age and ability to understand the situation. However, ultimately their wishes and feelings will not determine the outcome of any Court proceedings in relation to child arrangements. Generally, the Courts take a view that contact is in the best interests of a child and that both parents should be involved in their lives. Only in exceptional circumstances will the Court make an order refusing contact.

Obtain legal advice asap. The longer the issue is left unresolved, the longer your relationship with the child/children may be negatively impacted.

Parental alienation is described as “the deliberate manipulation of a child by one parent against the other parent”.

Fortunately, true parental alienation is not a common factor in disputes between parents regarding child arrangements, but early intervention is crucial if parental alienation is suspected or alleged.

Parental alienation cases are often very complex.