Separation is difficult and often the most upsetting factor is deciding how to split the children’s time between parents. The court’s paramount concern is the child’s best interests and therefore it is best to resolve any child arrangements issues as quickly and amicably as possible so as not to disrupt the child’s routine or stability.
Hopefully we can assist you in agreeing a parenting plan without the need to go through mediation and Court.
The Resolution guide Parenting Through Separation offers invaluable advice for parents going through this process including online resources Parenting through separation | Resolution.
If it proves impossible to agree arrangements for your children, before an application can be brought to the court for a Child Arrangements Order, it is now compulsory to attend a Mediation Information Assessment Meeting (MIAM) unless there is a sufficient reason why you are exempt from doing so. This is conducted by an independent mediator to see if any agreement can be reached for child arrangements. If mediation is unsuccessful then an application is made to the court.
If there are welfare concerns about the children, a CAFCASS officer https://www.cafcass.gov.uk/ or Social Worker will be directed to complete a welfare report making enquiries with both parents and any other relevant agencies (e.g. schools).
If an agreement still cannot be reached during court proceedings then a child arrangements order will be made by the court and it is important for you to be aware that there will be a warning notice attached. If the order is breached, you can be held in contempt of Court and can be punished by way of a fine, a community service order or a term of imprisonment. Any Court order that is made should be taken very seriously. A decision is reached by applying the welfare checklist which includes:
- the wishes and feelings of the child dependent upon their age and understanding
- any effect upon the child in a change in their circumstances
- the child’s age, sex, background, and any other characteristics the Court feels is important
- any risk of harm the child has suffered or is likely to suffer from
- the capability of each of the parents in meeting the child’s needs
The court has the power to make the following orders:
» Child Arrangements Order. A Child Arrangements Order sets out with whom a child should live, spend time or otherwise have contact with. It can be granted to more than one person and can either be direct e.g. face to face or indirect e.g. by exchange of letters or cards.
» Specific Issue order deals with specific issues such as schooling or other one-off issues such as consent to non-urgent medical treatment.
» Prohibited Steps order is used to prevent how a parent exercises his/her Parental Responsibility, e.g. to prohibit a parent taking a child abroad.
» Parental Responsibility Order – giving a person who is not a parent of the child legal status as a parent – which means that person has a legal duty.
For further information on child arrangements, please contact FamilyTeam@jacksons-law.com or 01642 356 500 to book an initial free appointment.
To find out more about how we can help you in relation to family law, please visit our Family Law page.
Check out our recent shares on child arrangements:
https://www.jacksons-law.com/podcast/childcare-during-a-pandemic/
https://www.jacksons-law.com/jacksons-blog/christmas-contact-qa-the-most-wonderful-time-of-the-year/
https://www.jacksons-law.com/jacksons-blog/family-breakdown-and-child-arrangements/
