Child Arrangement Orders: Ensuring the Best Living Arrangements for Your Children
During the process of separation or divorce, the welfare and best interests of your children are of paramount importance.
Child arrangement orders play a crucial role in determining where your child will live, how much time they will spend with each parent, and other important factors related to their upbringing.
In this blog post, we explore the concept of child arrangement orders, grandparents' rights, fathers' rights, and the importance of seeking advice from an experienced private law solicitor to navigate child arrangements in England and Wales.
Understanding Child Arrangement Orders
Child arrangement orders are made by the parents' agreement or following a contested hearing before a judge.
The court order establishes where a child will live (residence, formerly known as custody), who they will spend ‘time with’ (otherwise known as contact), and other important aspects of their upbringing by way of specific issues and prohibited steps orders.
These orders aim to ensure stability for a child, considering their wishes, feelings, and emotional and physical needs. Child arrangement orders can be obtained through negotiation, hybrid mediation, or by seeking court intervention, but only when necessary.
Consulting with a specialist private child solicitor will provide you with expert guidance on how to secure the best future arrangements for your child.
Child Living Arrangements and Relocation
Child living arrangements are a key component of child arrangement orders, which determine where the child will primarily reside, and how much time they spend with each parent. However, issues may arise when one parent wishes to relocate to another part of the country or abroad, potentially affecting existing child arrangements.
Courts consider the child's best interests when evaluating a relocation application. We suggest seeking legal advice from specialist private child solicitors who will help understand the complexities of relocation cases, and ensure the child's well-being is prioritised.
What is Parental Responsibility?
Parental responsibility (PR) refers to all the rights, duties, powers, responsibilities and authority which a parent of a child has in relation to the child and their property by law.
The term ‘PR’ attempts to focus on the parent’s duties towards their child rather than the parent’s rights over their child:
A mother automatically has PR for her child from birth.
A father has parental responsibility if he is either married to the child’s mother when the child is born or named on the birth certificate. If not, he can apply for a PR order.
Grandparents' Rights and Child Custody
Grandparents often play a significant role in a child's life, but unlike a mother and father, they have no automatic rights.
In certain circumstances, they may be able to obtain an order from the court which allows grandparents to see the child and have a meaningful relationship with their grandchild.
The court may consider the involvement of grandparents if it is in the best interests and future welfare of the child.
Our expert solicitors in Hove, Hassocks and Horsham specialise in cases where grandparents seek to intervene in court proceedings, and are able to advise on available options to enhance the child's relationship with their grandparents.
Fathers' Rights in Child Cases
Laws prioritise the child's best interests, ensuring parents are actively involved in their upbringing and future.
Fathers may have equal rights and responsibilities concerning their children, such as decision-making, but only if they have parental responsibility. It is important for fathers to seek legal advice from solicitors who understand the complexities of ‘fathers' rights’ and parental responsibility litigation.
Our family law solicitors can help protect fathers' interests and ensure their meaningful involvement in their child’s future.
Who is CAFCASS?
Frequently the court will require expert opinion regarding a child over which their parents are in dispute. The Children and Family Court Advisory and Support Service (CAFCASS) is a non-departmental public body set up to promote the welfare of children and families involved in the family court.
Their reports can only be provided by order of the court. Their reports are given considerable weight by the judge hearing the case. Occasionally, social services are instructed to prepare similar expert evidence. Challenging these reports is difficult, but it is possible to do so, notwithstanding the reluctance of the court to allow reports by independent social workers.
Seeking Professional Assistance
Child cases can be emotionally challenging and legally complex.
Engaging the services of our private child solicitors who specialise in child law cases is advised, so you can navigate the legal process effectively.
Our family law solicitors have the expertise to guide you through the law, provide valuable advice and represent your interests in negotiations or court proceedings. Their experience and knowledge will ensure a balanced outcome for you and your child.
Child arrangement orders play a vital role in determining the living arrangements and contact arrangements for children of separated or divorced parents.
Understanding private child laws, including fathers' rights, grandparents' rights, and relocation issues, is crucial to protect your child's best interests.
By prioritising your child's well-being and working with legal professionals, you can move forward with confidence, ensuring the best outcome for your child's future is achieved.
As a note of caution, child law cases can take a significant amount of time to conclude.