Child Arrangements and Children After Separation
When parents separate, one of the most important issues to resolve is how arrangements will be made for their children. These decisions can affect where children will live, how much time they spend with each parent and how important decisions about their upbringing will be made.
At TM Fortis Solicitors, our experienced family law solicitors provide clear and practical legal advice to parents dealing with child arrangements following separation or divorce. We assist clients throughout Manchester and the surrounding areas with child custody disputes, parental responsibility issues and court applications involving children.
Our priority is always to ensure that arrangements are made in the best interests of the child while helping parents reach practical and workable agreements.
Arrangements for Children After Separation
When parents separate, it is often necessary to agree on several important matters concerning their children, including:
- Where the children will live
- How much time the children will spend with each parent
- How decisions about schooling, healthcare and religion will be made
- Financial support for the children
- Contact arrangements with extended family members
In many cases, parents are able to reach an agreement between themselves. However, where disputes arise, legal advice may be necessary to help resolve the situation.
Child Arrangements Orders
If parents cannot agree on arrangements for their children, it may be necessary to apply to the Family Court for a Child Arrangements Order.
A Child Arrangements Order determines:
- Where the child will live
- When and how the child will spend time with the other parent
These orders replaced the previous legal terms of “custody” and “access”.
Child Arrangements Orders can include provisions regarding:
- Overnight stays
- Holiday arrangements
- School holidays and special occasions
- Communication between the child and parent
The court will make decisions based on what is considered to be in the best interests of the child.
The Welfare of the Child
In any court proceedings involving children, the court’s primary concern is the welfare of the child.
When determining what arrangements should be made, the court will consider factors known as the “welfare checklist”, which includes:
- The wishes and feelings of the child (depending on age and understanding)
- The child’s physical, emotional and educational needs
- The likely effect of any change in circumstances
- The capability of each parent to meet the child’s needs
- Any risk of harm to the child
The court will consider these factors carefully before making a decision.
Parental Responsibility
Parental responsibility refers to the legal rights and responsibilities a parent has in relation to a child.
Parental responsibility includes the right to make decisions about:
- Education
- Medical treatment
- Religion
- Where the child lives
- International travel
In most cases:
- Mothers automatically have parental responsibility
- Fathers have parental responsibility if they are married to the mother or named on the child’s birth certificate
Where a parent does not have parental responsibility, it may be possible to obtain it through a Parental Responsibility Agreement or court order.
Resolving Disputes Between Parents
Disputes between parents can arise for many reasons, including disagreements about where the child should live or how much time the child should spend with each parent.
Where possible, parents are encouraged to resolve disputes through discussion, negotiation or mediation rather than through court proceedings.
Family mediation allows parents to work with an independent mediator to reach an agreement regarding child arrangements.
Mediation can often be quicker, less stressful and less costly than court proceedings.
When Court Proceedings Are Necessary
If parents are unable to reach an agreement, it may be necessary to apply to the Family Court for a Child Arrangements Order.
The court process usually involves several stages, including:
- Mediation Information and Assessment Meeting (MIAM) – this is usually required before court proceedings begin.
- Application to the Family Court
- Initial court hearing where the judge considers the issues involved
- Further hearings or investigations, which may involve reports from CAFCASS (Children and Family Court Advisory and Support Service)
- Final hearing, where the court makes a decision if agreement cannot be reached
The court will always focus on the best interests of the child when making its decision.
Relocation of Children
In some cases, one parent may wish to move to another part of the UK or even abroad with the child.
If the other parent does not agree, it may be necessary to apply to the court for permission to relocate.
Relocation cases can be complex, and the court will carefully consider factors such as:
- The reasons for the proposed move
- The impact on the child’s relationship with the other parent
- The child’s education and welfare
Legal advice is particularly important in these situations.
Enforcement of Child Arrangements Orders
If one parent fails to comply with a Child Arrangements Order, the other parent may apply to the court for enforcement.
The court has several powers available, including:
- Enforcement orders
- Financial penalties
- Changes to the existing arrangements
In serious cases, the court may consider transferring the child’s residence to the other parent.
The Importance of Legal Advice
Child arrangement disputes can be complex and emotionally challenging. Obtaining legal advice at an early stage can help prevent disputes from escalating and ensure that your rights as a parent are protected.
Our family law solicitors provide practical advice and representation to help parents resolve disputes involving children and achieve arrangements that prioritise the child’s welfare.
How TM Fortis Solicitors Can Help
Our experienced family law solicitors assist clients with a wide range of children law matters, including:
- Child Arrangements Orders
- Parental responsibility disputes
- Child custody and contact disputes
- Relocation applications
- Enforcement of court orders
We provide clear legal advice and effective representation to help parents resolve disputes involving children.
Contact Our Family Law Solicitors
If you require advice regarding child arrangements following separation, our experienced family law solicitors at TM Fortis Solicitors can assist you.
Contact TM Fortis Solicitors today on 0161 220 6040 to discuss your situation and obtain expert legal advice.
