Family Law Serivces In Essex
Child Arrangement Orders Lawyers
Arrangements for Children Following Divorce or Separation
When children are involved in a divorce or separation, their welfare is often the top priority for both parents. However, the emotional and practical aspects of navigating the future can become complicated, especially when there are financial concerns, children from previous relationships, or international factors to consider. At Kayson Solicitors, we understand the complexities that can arise during these situations and are here to help you make arrangements that are in the best interests of your children.
Putting Children’s Interests First
The well-being of your children must always be at the forefront of any decision regarding their future. Putting the child’s welfare first guides the decision-making process if disputes arise and a case goes to court. Our team at Kayson Solicitors works closely with you to understand your unique circumstances and wishes, and we’ll advise you on the legal position and possible outcomes.
When making arrangements for children, several factors are considered, such as their age, their wishes (if they’re old enough), and any specific needs they may have. For example, we have experience handling cases where children have unique talents or commitments, such as those with rigorous training or competitive schedules, ensuring these are factored into the arrangements.
Living Arrangements for Children
One of the most significant decisions in a separation is determining where the children will live. This issue involves emotional aspects and may impact financial settlements, particularly regarding the family home. At Kayson Solicitors, we can assist you in negotiating living arrangements that are in the best interest of your children. If you cannot agree amicably with your co-parent, we will guide you through the mediation process and, if necessary, represent you in court proceedings.
Mediation is often required before formal court proceedings can be initiated. If the matrimonial home needs to be sold, there may be ways to postpone the sale until the children are older or financially independent.
Suppose you are not married but are concerned about securing housing for your children after separation. In that case, we can advise you on potential applications under the Children Act to establish a housing fund.
Financial Provision for Children
After separation, regardless of whether you were married, there is a legal obligation to ensure your children are financially supported. The parent with whom the child lives will generally receive monthly child maintenance payments from the other parent to help with the child’s upkeep. At Kayson Solicitors, we can guide you on what an appropriate amount of maintenance should be, considering your family’s specific financial situation, including income, number of children, and the frequency of overnight stays with each parent.
If an agreement cannot be reached, the Child Maintenance Service (CMS) can help calculate the amount of maintenance due. However, this service is only available if both parents reside in the UK. For higher earners (earning more than £3,000 per week), the CMS may not assess certain income; however, a court may be asked to intervene for a top-up in maintenance or a lump sum payment.
What is a Child Arrangement Order?
A child arrangement order is a legal document issued by the court that outlines where the child will live and when they will spend time with each parent. This order can cover a range of arrangements, including:
- Where the child will primarily live
- The schedule for time spent with each parent, such as after-school, weekends, or holidays
- Any conditions related to visits, such as supervised contact
- Time spent with extended family members like grandparents or siblings
- Communication outside of visits, such as phone calls and text messages
- Arrangements for international contact if one parent lives abroad
A child arrangement order replaces the previous contact and residence orders. You do not need to apply for a new child arrangement order if you already have one of these orders.
Who Can Apply for a Child Arrangement Order?
Typically, a child’s biological parents will apply for a child arrangement order, but this is not a requirement. Anyone with significant involvement in the child’s life, such as step-parents or grandparents, can apply for an order if they have lived with the child for at least three years or played a substantial role in their upbringing.
Applying for a Child Arrangement Order
The first step in applying for a child arrangement order is to try and agree with the other parent. If an agreement cannot be reached, both parties must attend a Mediation Information and Assessment Meeting (MIAM), where a mediator will help facilitate discussions. Mediation is often a more affordable and quicker route than going to court.
If mediation doesn’t work or isn’t appropriate, the next step is to apply to the court for a child arrangement order. You must complete the necessary paperwork, including an application form and a statement of facts, and pay the court fee. It’s essential to consult with a solicitor before applying to ensure that your application is legally sound.
Court Considerations
When determining a child arrangement order, the court’s main priority is the child’s welfare. Each case is considered individually, and there is no standard outcome. The court will take into account various factors, such as:
- The wishes and feelings of the child (if they are old enough to express them)
- The child’s emotional, physical, and educational needs
- The impact of any change in circumstances
- The ability of each parent to meet the child’s needs
- Any risks to the child’s welfare
Duration of a Child Arrangement Order
A child arrangement order lasts until the child reaches the age of 16, though it can continue until 18 if they are still in full-time education. If both parents agree, they can modify the arrangements. If one parent disagrees with a change, they must apply to the court for permission to vary the order.
What Happens If a Child Arrangement Order is Breached?
If a parent breaches a child arrangement order, the other parent can apply to the court for enforcement. The court will investigate the reasons behind the breach and determine what actions must be taken. Parents may sometimes be referred back to mediation, or penalties such as fines may be imposed. In extreme cases, a parent may be held in contempt of court.
International Relocation and Child Arrangement Orders
If one parent wants to move abroad with the child, they must get the other parent’s consent or permission from the court. The court will consider the child’s welfare and the feasibility of maintaining contact with both parents. Enforcement of the child arrangement order in another country depends on international agreements between the UK and the other countries involved.
How Kayson Solicitors Can Help with Child Arrangement Orders
At Kayson Solicitors, we offer expert advice and guidance throughout the child arrangement order process. If you are facing issues with child arrangements following a divorce or separation or are concerned about a potential international relocation, our experienced family law team is here to support you.
Contact us today to discuss your circumstances and explore your options. We’ll ensure you understand your rights and work to achieve the best possible outcome for your family.
