Child law advice

These are the key steps to obtain a child arrangements order:

1.  If required, obtain court permission, for example for extended family members or grandparents. This is not ordinarily required for parents, civil partners (with parental responsibility) and stepparents.
2.  Attempt to negotiate an arrangement for children out of court via Mediation Information and Assessment Meeting (MIAM), if suitable. Make an application to court, will then be shared with the person on the other side, such as your ex partner.
3.  Attend the first court hearing at which the judge or magistrates will listen to the issues of both parties and may attempt to help reach an agreement. If successful, the agreement will be made into a court order and the process ends. If unsuccessful then a second court hearing will be arranged, if needed.
4.  If a second court hearing is required then the court will review again the issues and potentially hear from any others who have had any involvement, such as social services or CAFCASS, who are trained professionals in child law, who work with the court. The court will attempt to resolve the matter but there could be a final hearing if an agreement cannot be reached.
5.  At any final court hearing there will be an opportunity for both parties to present their case and a Judge or a magistrate will make a decision after hearing evidence from both.

The above process does not cover the agreement on child maintenance law. This is considered a separate matter.

A child arrangement order sets out who the child spends their time with, and where they will live. You may have heard the words “custody” and “access” which are no longer used by the courts but often referred to in this context.

The court’s decision will be made in the best interest of the child, but the court recognises that a child benefits from time spent with both parents. It is very unusual that court will permit a child to live with one parent without time spent with the other, unless there is a welfare issue.

Factors such as where they are schooled and their background will be considered during the case, as the court refers to a welfare checklist in its decision making.

If you are unmarried, you will have the same rights as any married parents so long as you have parental responsibility. If you are in a same sex relationship, however, the legalities can be more complicated.

For same sex partners with children, it may be necessary to consider how the child entered the family or how the child was conceived.

To find out more you will need to speak to one of our family law experts on 029 22675686 / 02922675688 or email [email protected]

If no agreement can be reached informally or through mediation then the court may decide.

The welfare of the child will be the court’s priority. Their decision will be made in the best interests of the child, considering the relationship they have with both parents or guardians.

The court will decide on where a child lives and who they will spend time with, which could include extended family and grandparents.

To make this decision the court will use a checklist set out in the section 2.1 of the Children Act, which includes:

• The ability to meet the child’s needs by a parent
• Any factors that might cause the child risk or harm
• Age, sex and background of the child
• Any possible effects to the child caused by a change in care arrangements
• The educations, physical and emotional needs of a child
• The wishes and feeling of the child

Whatever the court decides it will be legally binding. In the future, if circumstances change, an application can be made to the court to change the terms of the agreement, or to enforce a court order if one party does not comply with it.