Child Custody Solicitors

What is a child arrangement order?

A Child Arrangements Order is a Court Order detailing where a child lives, spends time with and otherwise has contact with a family member. This Court Order is usually made between two parents.

A father who does not have parental responsibility (for example if he was not named on the child’s birth certificate) will automatically be granted parental responsibility if he is granted a Child Arrangements Order specifying that the child is to live with him.

The Court’s paramount consideration is the best interests of the child and ensuring that their welfare and safety are protected. It is important to raise any concerns with the Court at the earliest opportunity to ensure the relevant investigations are undertaken at the onset.

A Child Arrangements Order is a legally binding Court Order. All relevant persons must abide by the terms.

How can I apply for a child arrangement order?

The process is started by preparing and submitting an application to the child’s local Family Court.

The preliminary Court stage is for any welfare and safeguarding risks to be assessed. This is completed by the Children and Family Court Advisory and Support Service (CAFCASS). CAFCASS represent the interests of the child during the Court process, which is of paramount importance. The risks are assessed initially by completing checks on all relevant adults, however, can also extend to speaking directly to the child to assess their wishes and feelings. A child will only be involved directly if appropriate considering their age and understanding.

There are often multiple Court hearings during which a Judge will assess the unique family circumstances, views of the relevant parties (usually the parents) and consider the recommendations made by the CAFCASS case handler.

Ultimately, the Court will make a final decision if an amiable solution cannot be reached.

Can I win full custody?

To be granted “full custody” of a child, to the complete exclusion of the other parent, there would usually need to be significant welfare and safety concerns.

Whether or not this is a suitable option will depend entirely on your specific family circumstances and can be discussed in more detail with one of our solicitors.

Generally, a child will share their time between two parents whilst maintaining one main residence. This does, again, depend on the unique circumstances of your family and most importantly what arrangements would be in the best of interests of the child or children involved.

Child custody mediation service

In an ideal scenario, parents and family members would be able to reach an agreement concerning child contact arrangements privately however, unfortunately, for various reasons, this is not always possible or appropriate especially if there is a history of domestic abuse.

Mediation services are available to assist parents, and family members, to reach decisions. These trained professionals do not represent either party and offer a neutral’s perspective. This service can be beneficial in certain circumstances and encourage an agreement to be reached without the need for opposing legal representation.

There are various stages to mediation depending on your circumstances. This can include meetings which take place both separately and together.

If an agreement can be reached, it is possible to translate the terms into a legally binding document.

This service must be attempted before pursuing a Court application, although it is possible that the other relevant person involved refuses to engage in the process.