Children

We are able to assist and advise in relation to all private law children matters.

We will advise whether an application for a Child Arrangements Order is suitable and we will always recommend a referral to mediation where appropriate.

A Child Arrangements Order (CAO) is an order that regulates the arrangements for a child that relate to any of the following:

Who the child will live, spend time or have contact with?
When the child will live, spend time or have contact with any parent, grandparent etc?

There are several ways that contact may take place:

Direct contact between the child and the person named in the CAO.
Overnight contact.
Supervised contact.
Indirect contact through phone calls, letters and/or cards.

A CAO regulates:

With whom a child is to live and when. This will last until the child is 18 (unless the Court orders an earlier date);
When the child is to have contact with a person and this will usually end when the child is 16 but in limited circumstances can last until the child is 18.

If it is not possible to reach an agreement you can apply to the Court for an order. Before you can do this, you are required to attend, where appropriate, a mediation assessment meeting.

Additional children orders can be made:

Prohibited Steps Order (PSO) which would limit certain parental rights and duties. E.g.
- whether the child could be taken abroad
- prevent a parent from seeing the child
- restrict how the child spends time with the parent.
Specific Issue Order (SIO) which contains directions to resolve a particular issue in connection with a child. E.g.
- a parent providing a legally binding promise not to drink alcohol or to take drugs whilst having care for the child.
Special Guardianship Order which might be suggested by the Local Authority Children Services Department

Examples:

Both the PSO and the SIO can be obtained where there is a dispute regarding a child's education.

Consented Child Arrangements Order - If you have come to an agreement with your partner in respect of contact with your child(ren), then we can formalise this agreement in the form of parenting plan. This is a voluntary agreement between the parents that covers practical issues such as living arrangements, education, finances and healthcare. This can become legally binding if the Court deems the agreement to be in the best interests of the child.

What is a Child Arrangements Order? A Child Arrangements Order is a court order that determines where a child will live, with whom they will spend time, and how they will have contact with each parent or other relatives.

What is parental responsibility? Parental responsibility refers to the legal rights, duties, powers, responsibilities and authority a parent has for a child and the child’s property. It includes making decisions about the child’s education, health and welfare.

How can I apply for a Child Arrangements Order? You can apply for a Child Arrangements Order by completing the appropriate court forms and submitting them to the family court. It is advisable to seek legal advice/assistance when making an application.

Can grandparents apply for contact with their grandchildren? Yes, grandparents can apply for contact with their grandchildren. However, they may need to seek the Court’s permission before making an application, unless they have parental responsibility or the child has lived with them for a certain period.

What is a Prohibited Steps Order? A Prohibited Steps Order is a court order that prevents a parent from taking certain actions concerning a child, such as moving the child to another country or changing their school, without the court’s permission.

How does the court decide on child maintenance? Child maintenance is usually calculated based on the paying parent’s income, the number of children, and the amount of time the children spend with each parent. The Child Maintenance Service can assist in calculating and arranging payments.

What should I do if I am concerned about my child’s safety with the other parent? If you are concerned about your child’s safety, you should seek legal advice immediately. You may need to apply for an urgent court order to protect your child, such as a Prohibited Steps Order or Specific Issue Order.

Can a child decide which parent to live with? While a child’s wishes and feelings are considered, the final decision is made by the court based on the child’s best interests. The weight given to a child’s preference depends on their age and maturity.

What is a Specific Issue Order? A Specific Issue Order is a court order used to resolve a particular dispute about a child’s upbringing, such as which school they should attend or whether they should receive medical treatment.

How long does a Child Arrangements Order last? A Child Arrangements Order typically lasts until the child reaches the age of 16. After this point, it will be up to the child to decide how much contact they would like to have with the parent they do not live with. The “live with” factor of a Child Arrangements Order remains legally binding until the child reaches the age of 18, however the Court are very reluctant to enforce such orders beyond the age of 16 unless there are exceptional circumstances.

Can a Child Arrangements Order be varied? Yes, it is possible to apply for a variation of an existing Child Arrangements Order. The person making the application will have to demonstrate that their proposed changes are in the child’s best interests.