The festive season, for many who share care of children, can prove to be a trying time as separate parties seek to share their little ones’ time. But for many, the disagreements that ensue at Christmas are felt more commonly throughout the year, during holidays, birthdays, and across many other celebrations. If this rings true for you, it might be time to consider putting in place a Child Arrangements Order, but there are certain things you need to know, before you do.
What is a Child Arrangements Order?
A Child Arrangements Order is a court order that sets out plainly who a child is to live with, spend time with, and how that time is allocated between parties who have parental responsibility.
It can contain as much detail as each party requires, breaking down into allocation of weekends, holidays, birthdays, and even special celebrations such as Mother’s Day, Father’s Day and Christmas. The order will usually last until a child is sixteen, and in some cases until a child is eighteen.
It’s usually applied for by a child’s parents, but it can also pertain to other individuals who have parental responsibility for a child, such a step parent, relative, or guardian.
A last resort
When it comes to family law, the No Order Principle means that a court must only make a court order on behalf of a child, if the outcome would be better than not making an order at all. In practice, and in relation to Child Arrangement Orders, this means that they will only ever be granted if it is obvious to the court that the parties cannot come to a reasonable arrangement on their own, without court intervention.
To further ensure the above, the vast majority of couples will have to have been through mediation, before applying for a Child Arrangements Order. There are certain circumstances that will exempt you from mediation, but these cases are rare.
More about the process
If you can evidence that you’ve been through mediation, are unable to agree, and there are no safeguarding issues to speak of with either parental party, you can apply to the court for an order.
The first step is to declare your intent, which is done by submitting a form to the court which contains all relevant information and your personal details. Our specialist family team can draft this for you. Thereafter, you’ll be granted a first hearing date at which all parental parties must attend, along with an officer from The Children and Family Court Advisory Service. The purpose of this hearing is really for the court to understand the issues and requirement of the order. Parties will be encouraged at this point to come to an agreement, and if that happens this will form the basis of the court order.
If nothing is resolved at the first hearing, further hearings will be held after the court has a chance to collect more evidence.
Who benefits from a Child Arrangements Order?
Every relationship is different. And for some separated couples with children, one party can monopolise their child’s time beyond what is reasonable. It is in cases like these where a Child Arrangements Order can be most valuable.
In extreme cases where negotiation and agreement is impossible, the court order levels the playing field for both parents and benefits the child by giving them ample time with each caregiver.
Chelsey Bayliss, Head of Family Law at Prosperity, said:
“For many parents and guardians who find themselves consistently losing out on time with their child or children, Child Arrangements Orders are a useful measure. But I can’t emphasise enough how important it is, if you’re in this position, to seek legal advice quickly. A week for a child to not see a parent without good reason is already too long in my view.
The application process itself can be time consuming, especially waiting for upcoming hearings. We also know that if you’re unhappy with the amount of contact and time you have with your child, it’s vital to go through this process, before a ‘status quo’ is reached. The longer you’ve been settled into a care pattern, that you then seek to change – the more difficult it can be.
If you have any concerns at all regarding contact with your child, it’s sensible to seek legal advice as early as possible. Even if it’s just to have a confidential discussion.”
To speak to Prosperity Law’s Family team, email chelsey@prosperitylaw.com or give us a call to arrange a confidential discussion, on 0151 909 5930.
