Arrangements for Children

Our family team of solicitors are able to offer advice and assistance where disputes arise between private individuals concerning a child’s upbringing or place of residence or in respect of specific issues, such as removing a child from the jurisdiction or changing a child’s name.

Where appropriate, we seek to encourage agreement between the parties, however in some circumstances a court order may be necessary. The court can make a number of orders for children:

Residence (formerly called custody)

A residence order confirms with whom a child will live. Sometimes this may be with more than one person. The overriding consideration will always be what is in the child’s best interest. The existence of a residence order will also affect the ability of people to take the child out of the country and will give the person in whose favour the residence order has been made Parental Responsibility.

Contact

It is sometimes difficult for parties to agree the frequency, duration and terms of contact visits between a parent and child or even between a grandparent and a grandchild. What is appropriate will depend on the family and on the particular circumstances of your case. The court has the power to make a contact order. This requires the person with whom the child lives to allow the child to visit, stay or contact the person in whose favour the order has been made.

Specific Issues

Parents may have differing views on what is in the best interests of a child when it comes to a particular subject. The court has the ability to make orders resolving specific issues. These orders are known as specific issue orders or prohibited steps orders where one party seeks to prevent the other from taking a particular action. Our family solicitors can offer you advice and guidance on resolving such issues which may include things like:

1.       Removing a child from England and Wales (whether temporarily or permanently)
2.       Changing a child’s name
3.       Medical treatment
4.       Choice of school
5.       Religious upbringing

How will the court decide whether to make an order?

Every case will be different as every family is different and the nature and procedure of an application will depend on your relation with the child and whether or not you have parental responsibility.

If you do find yourself experiencing difficulties agreeing the arrangements for children with a parent or grandparent, then your first step should be to make an appointment with one of our family solicitors. If you are a new client to our family department we offer a free initial meeting. They will be able to discuss with you your circumstances and advise you of the options available, the procedures involved and the likely costs.

We will discuss with you mediation as a way of resolving issues and, where appropriate, making an application to the Court. If an application is made to the Court, the Court will set a date for the first appointment.

If no agreement can be reached at the first Court appointment, the Court is likely to list a further Hearing and will explain what should happen in the intervening period. This may include a CAFCASS report which will make recommendations to the Court.

If the parties have been unable to satisfactorily settle the issues in dispute by the time of a final hearing, the court will consider the evidence and make an Order deciding the issue.

Parental Responsibility

Parental Responsibility is a legal term defined under section 3 of the Children Act 1989. It means all the rights, duties, powers and authority which by law a parent of a child has in relation to a child and his property. To check whether you have parental responsibility for your child, and to find out more about the implications and how to acquire parental responsibility, please see our separate factsheet on Parental Responsibility.

Financial provision for children

Child maintenance and the CSA or CMEC

Following the Child Support Act coming into force in 1991, the court no longer has the power to order one parent to pay child maintenance. The power to do this now lies with the CSA (shortly to become CMEC).

Nonetheless, the court does have the authority to ratify a written agreement between the parents and therefore, if you have agreed the amount of child maintenance with the other parent, it may be possible to ask the court to make an order “by consent.”

Any court order will only be enforceable through the courts for 12 months, after that time the only method of enforcing child maintenance is to refer the matter to the CSA. The rate of child maintenance is calculated in accordance with the CSA rules. To work out how much maintenance you or your former partner may have to pay please visit CSA online calculator.

Financial provision outside the CSA/CMEC

In certain circumstances, it may be appropriate to seek financial assistance from the absent parent over and above child maintenance at the CSA rate, or for either a capital lump sum or for property. The court has retained jurisdiction to deal with such matters. 

How much and the type of order required will depend on the individual financial circumstances of you and the other parent. To find out whether you may have a claim and the steps and likely costs involved, please make an appointment with one of our family team. If you are a new client to our family department we offer a free initial interview.