Applying for a Child Arrangement Order
Maybe you have had problems seeing your children over the school summer holidays or your ex-partner has announced that with the start of the new school year in September, your mid-week contact visits will stop as they are disruptive to the children or that your contact visits will move from weekly to fortnightly. Perhaps it is a recent separation and your former partner is refusing all contact as they blame you for the split.
Whatever the reasons for the change in child contact arrangements you may need to think about applying to the family court for a child arrangement order. Our family law solicitors can help you decide if an application is necessary and support and represent you in applying for a child arrangement order.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
When should you apply for a child arrangement order?
Every parent has a non-negotiable point. For some, it may be alternate weekend contact from Friday afternoon after school to Monday morning. To other parents, it may be getting to see your children on Father’s Day or Mother’s Day or being able to take the children abroad on holiday.
Whatever your bottom line is, it’s best to consider alternatives to applying for a child arrangement order before you go ahead with a court application. Sometimes a solicitors letter or lawyer negotiations in a roundtable meeting are sufficient to sort out the impasse.
In most cases, family mediation has to be attempted before you can apply to the court for a child arrangement order. Our family law solicitors can provide you with legal support during the family mediation process so you understand the likely outcomes of a child arrangement order application. That way you may be able to reach an agreement in family mediation armed with the knowledge of the likelihood of you securing the court order you want in court proceedings and balancing a court application against the costs and timescales of a child arrangement order application.
Family solicitors can also advise you on when you should apply to the court without first attempting mediation. For example, if you fear that your child is at risk or you are worried about a threat of child abduction, it may be vital to start court proceedings without delay.
The benefits of family mediation
Family law solicitors won't recommend that you apply to the court for a child arrangement order if they think that going to family mediation may work for you. That’s because family mediation is:
- Quicker than traditional court proceedings
- Cheaper than a contested court hearing
- Less adversarial as you don’t file statements or give evidence against one another – you do however have to talk and explain what you want and why during family mediation sessions. That means mediation isn’t an easy option
- About reaching an agreement – even if it is a compromise, it might be better to reach a mediated agreement rather than have a judge imposing their view
Whilst family mediation may be the best option for your family you also need to be wary if you think it is being used as a delaying tactic. Our family law solicitors can talk you through your options, including the use of family arbitration or making a court application.
The child arrangement order
If you decide to apply for a child arrangement order there is a vast range of orders that a family judge could make. A specialist family law solicitor can tell you the likely range of orders that a court might make, based on your family circumstances. Just because a family member or a neighbour got a certain type of contact order it doesn’t mean that’s what you will get; you could get less or more.
A judge makes a child arrangement order after considering a range of factors that are referred to as the welfare checklist. Included in the list are your child’s wishes and feelings. Their wishes are assessed and considered in light of their age and understanding. Other factors include matters such as your capabilities as a parent and the impact of any change in residence or contact arrangements on your child. At the heart of the judge’s decision is what child arrangement order is in the best interests of your child.
In some situations, a judge may decide that a mid-week overnight contact visit is too unsettling for a child, and in others, a judge may conclude that equal shared parenting best meets your child’s need to spend quality time with both parents.
In making a decision the judge may be helped by a CAFCASS report from a court-appointed independent officer who will meet with both parents and child. If a child is young then the CAFCASS officer may observe a contact visit between parent and child to observe the relationship and attachment. Whilst a CAFCASS report isn’t binding on the court, it does carry a lot of weight.
The court will also be influenced by your statement of evidence detailing the child arrangement order you want and why and by your evidence at any final court hearing. It’s important that your statement and your evidence are looked at from the point of view of what’s best for your child rather than what’s best for you or your family. For example, you may want permission to take your child back to your home country on holiday because you want your parents to meet the child. You, therefore, want the court to make a child arrangement order to include a holiday order permitting you to take your child overseas. Looking at the cultural benefits of the holiday from the child’s perspective is potentially your best option to secure the order that you want, rather than placing focus on what you want or your rights as a parent.
No child arrangement order application comes with a guarantee of success and that’s why it is best to carefully consider if you should apply for a child arrangement order, the type of order you want the court to make, and your alternative options. A specialist family law solicitor will guide you on whether an application is likely to be your best way forward and will represent your interests during the child arrangement order application.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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