Child Arrangements Orders Solicitors in Coventry
If you are no longer with your child’s other parent, getting a child arrangement order in the UK can set out how your child’s time will be shared. This can be extremely helpful in providing a stable environment and avoiding misunderstandings and disputes.
At Band Hatton Button, our expert child arrangements order solicitors in Coventry can represent you in securing the right order for your family. We have many years of family law experience, and we are rated highly by our clients for the level of care and expertise we provide.
All of our family law team are members of Resolution, the group of family lawyers committed to handling matters with minimal conflict. We always aim to find a solution without the need for litigation. Where necessary, we can support you through an alternative method of dispute resolution, usually mediation.
We are often able to resolve matters out of court, but should hearings be necessary, we will ensure that you have a robust case and that you are thoroughly prepared.
Book a consultation with our child arrangement order solicitors in Coventry today
If you are separated from your child’s other parent and you would like a child arrangements order to clearly set out when you will spend time with your child, contact us today, and we will be happy to help.
You can call our expert family law solicitors on 024 7663 2121 or email us at info@bandhattonbutton.com.
For more information on our services, see our family law solicitors in Coventry page.
What is a child arrangement order?
A child arrangement order in England and Wales is a legally binding order setting out details of how a child’s time will be shared between parents. It can also include who else a child will see, how a child will stay in touch with each parent while they are not together, and what will happen during holidays.
When do you need a child arrangement order in Coventry?
A child arrangements order is useful if you and your child’s other parent are not together, even if you are able to agree on how you want to share your child’s time. Having an order in place can provide stability for the future and prevent misunderstandings and disagreements. Without an order, one parent could decide to make changes at some point, and this could cause difficulties.
How long does a child arrangement order last?
If you have a child arrangements order in place, you and your child’s other parent will be legally bound to follow its terms until your child reaches 16 or 18, depending on the terms of the order. If circumstances change and both parents agree, you can ask the court to vary the order in the future, should this be necessary.
Who can apply for a child arrangement order?
Anyone with parental responsibility for a child can apply for a child arrangement order UK. This is generally parents, guardians, and, in some cases, a step-parent, if they have been granted parental responsibility. If a person doesn’t have parental responsibility, it may be possible to ask the Court for permission to apply for a child arrangements order.
How to apply for a child arrangement order
If you and your child’s other parent are able to agree on the terms for the order, you may not need to ask the court to approve the details of your agreement and seal it into a binding order. You could look at a parental plan instead. The Court prefer not to make orders where parents agree arrangements.
However, if you need an order, this is applied for by filling in the government’s C100 form, which is an application for a court order to make arrangements for a child or resolve a dispute about their upbringing.
If you and your child’s other parent are not able to agree on child arrangements, you will usually need to at least consider mediation before asking the court to decide the terms of an order. This is done by attending a Mediation Information and Assessment Meeting or MIAM.
A family law mediator will explain how family mediation works and how it could help. If you and your child’s other parent agree to try mediation, you will attend a series of meetings with the mediator, who will help you explore potential solutions, but who will not impose an outcome on you.
For more information on mediation, see the Family Mediation Council website.
Should you still be unable to reach an agreement, you can make a C100 application asking the court to make a ruling. It is usual to ask a family law solicitor to prepare your case for court, and they will file the child arrangement order form C100 on your behalf, together with the court fee.
Where necessary, an interim child arrangement order can be made while you are waiting for a final hearing date.
What the court considers when making a decision
The court will ask the Children and Family Court Advisory and Support Service, or Cafcass, to meet with you, your child, and your child’s other parent and to prepare a report to assist the judge in making their ruling.
When making its decision, the court will consider the welfare checklist, as set out in Section 1 of the Children Act 1989. The points that the judge must take into account are:
- The child’s wishes and feelings, in the light of their age and understanding
- The child’s physical, emotional and educational needs
- The likely effect of any change in circumstances
- The child’s age, sex, background, and any other relevant characteristic
- Any harm the child has suffered or is at risk of suffering
- How capable the child’s parents are of meeting the child’s needs
- The range of powers available to the court when making an order
Types of child arrangement orders available for families in Coventry
A range of family law orders are available for issues relating to children, including:
- A lives with order, which is a type of child arrangements order setting out who a child will live with
- A spends time with order, also a child arrangements order, which details which individuals a child will spend time with when not with their primary carer
- A specific issue order, which generally deals with an individual matter that is not agreed upon by a child’s parents, such as education, healthcare, relocation, or holidays
- A prohibited steps order, preventing a parent from taking a certain action, such as taking a child overseas, moving them to a different school, relocating a child, or allowing a medical procedure
Breaching and enforcing child arrangement orders
If there is a breach of a child arrangement order, you should speak to your child’s other parent to see if you can ascertain the reason and try to agree that it will not be breached again., If there may be issues with the order, you can consider mediation.
As a last resort, you can ask the court to enforce the order.
If you need help enforcing a child arrangements order, speak to us today, and we will talk you through the process.
Where appropriate, the court can impose a penalty on the breaching parent, which could be a community service order, a fine, or compensation for any financial losses you have suffered, for example, if the child missed a trip or holiday you had paid for.
How our Coventry family law solicitors can help
Our family law solicitors have many years of experience in handling disputes over child arrangements. We know how difficult it is to deal with issues relating to your family, and you will find us to be understanding and approachable.
We focus on finding out-of-court solutions to child arrangements disputes, and we are able to suggest ways of resolving disagreements, as well as negotiating robustly on your behalf.
We have a high level of expertise and are committed to reducing conflict and finding the right solution for the families we assist.
Frequently asked questions about child arrangements orders
How long does it take to get a child arrangement order?
If you and your child’s other parent can agree on the arrangements for your children you can complete a parenting plan and may not need an order.
Where an agreement cannot be reached, the process will take substantially longer. Reports may need to be prepared, and you will need to wait for a hearing date. The family courts are very busy, and it is likely to take around 6 months to 1 year, depending on the issues and the area where you live. In complex disputes, it can take considerably longer than this.
Is a child arrangement order legally binding?
A child arrangement order is legally binding on all the parties named in the order.
Can I change a child arrangement order?
A child arrangement order can be changed in certain circumstances. If both parties agree, a new written agreement should be prepared, and the court can be asked to vary the order.
Where an agreement cannot be reached, the same process will need to be followed as before, including attending a MIAM, and applying to the court on form C100 to vary the existing order.
The court will usually only consider varying an order where circumstances have changed significantly.
Do I need a solicitor for a child arrangement order?
If you and your child’s other parent are able to agree on the terms of the order, and you are happy that these are in your child’s best interests and right for your family, you might not need an order or a solicitor. However, it is important to ensure that anyorder or agreement is correctly drafted and workable, as you may need to rely on it in the future. For this reason, it is still recommended to use a solicitor.
Where you and your child’s other parent cannot agree on the terms of the order, having a family law solicitor on your side will ensure that your interests are observed and that you have the best representation possible to secure the right result for your family.
Can grandparents get a child arrangement order?
Grandparents do not have an automatic right to ask the court for a child arrangements order, so they will first need to ask the court for permission to apply. Our grandparents' rights solicitors in Coventry can persuade the court that it is in the child’s best interests for a grandparent to have this type of order.
Contact our child arrangements order solicitors in Coventry today
If you are separated from your child’s other parent and you would like a child arrangements order to clearly set out when you will spend time with your child, contact us today, and we will be happy to help.
You can call our expert child arrangement order solicitors on 024 7663 2121 or email us at info@bandhattonbutton.com.