Child Arrangements
Putting Your Child’s Best Interests First
When parents separate, making clear and workable arrangements for their children is often one of the most important issues to resolve. Child arrangements can cover where a child lives, when they spend time with each parent, communication and other practical aspects of their care. Parents may be able to agree arrangements between themselves or with the help of mediation. Where an agreement cannot be reached, the Family Court can make a Child Arrangements Order.
At MYM Solicitors, we provide clear and practical Family Law advice to help parents understand their legal options and work towards arrangements that prioritise the welfare and needs of their children.
What Are Child Arrangements?
Child arrangements are the practical arrangements made for a child following separation or where parents cannot agree about their child’s care.
They may include:
- Where the child will live
- When the child spends time with each parent
- Overnight stays and holiday arrangements
- School holidays and special occasions
- Telephone or video contact
- Communication between parents
- Arrangements for school and education
- Travel and taking a child abroad
- Other important decisions concerning a child’s upbringing
Parents do not necessarily need a court order if they can reach an agreement themselves. They can create a child arrangements plan or seek help through mediation or other forms of dispute resolution. A private child arrangements plan is not legally binding. If parents want their agreement to become legally binding, they can apply for a consent order for the court to approve. Where parents cannot agree, the court can make a Child Arrangements Order under the Children Act 1989. The court’s primary consideration is the child’s welfare.
How MYM Solicitors Will Help
At MYM Solicitors, we understand that disagreements about children can be emotionally difficult and highly sensitive. Our Family Law team can provide practical legal support focused on finding an appropriate solution for your child and your family circumstances.
Understanding Your Circumstances
We will listen to your concerns and consider your family’s circumstances, existing arrangements and the issues preventing you from reaching an agreement.
Advising on Your Legal Options
We can explain the different options available, including negotiation, mediation, consent orders and court proceedings where necessary.
Negotiating Child Arrangements
Where appropriate, we can communicate with the other parent or their solicitor to help negotiate practical arrangements for your child without unnecessary court proceedings.
Supporting Mediation and
Alternative Dispute Resolution
Mediation can sometimes help parents reach an agreement without going to court. We can advise you about the process and help you understand your legal position before and during negotiations. In most cases, a person applying to the Family Court must attend a Mediation Information and Assessment Meeting (MIAM) first, unless an exemption applies.
Preparing Consent Orders
If you and the other parent reach an agreement, we can assist with preparing the appropriate consent order and supporting you through the process of having the agreement considered by the court.
Applying for a Child Arrangements Order
If agreement cannot be reached, we can advise you on making an application to the Family Court and assist with the preparation of the relevant documents and evidence. Applications for child arrangements orders are generally made using Form C100.
Representing You in Family Court
Where court proceedings are necessary, we can provide legal representation and support throughout the proceedings, helping you understand each stage and respond appropriately to issues raised by the other party or the court.
Urgent Child Arrangements
If there are urgent concerns about a child’s safety, welfare or immediate circumstances, we can advise you on the appropriate legal options and whether an urgent application may be appropriate. Certain circumstances, including cases involving risk of harm or domestic abuse, may qualify for an exemption from the usual MIAM requirement.
Existing Child Arrangements Orders
If you already have a Child Arrangements Order and circumstances have changed, we can advise you about applying to vary or discharge the order where appropriate. If the other parent is not complying with an existing order, we can also advise you about enforcement options.
Parental Responsibility and Specific Issues
Where appropriate, we can also advise on parental responsibility and disputes concerning important aspects of a child’s upbringing, including education, medical treatment, name changes or travel. Depending on the issue, a Specific Issue Order or Prohibited Steps Order may be appropriate.
Frequently Asked Questions
A Child Arrangements Order is a court order setting out arrangements about where a child lives, when they spend time with a parent or other person, and whether other forms of contact should take place. It is legally binding and must be followed unless it is changed or discharged by the court or otherwise varied in accordance with the law.
No. Parents can agree child arrangements themselves or use mediation and other forms of dispute resolution. If an agreement is reached and the parents want it to become legally binding, they can consider applying for a consent order.
If you cannot reach an agreement, you may be able to apply to the Family Court for a Child Arrangements Order. Before making an application, you will generally need to attend a MIAM unless an exemption applies
Not necessarily. A Child Arrangements Order can specify where a child lives and when they spend time with each parent. The arrangements depend on the child’s individual circumstances and what is considered to be in their best interests.
The child’s welfare is the court’s paramount consideration. The court may consider factors including the child’s wishes and feelings, physical and emotional needs, the effect of changes in circumstances, relevant characteristics and background, any risk of harm, and each parent’s ability to meet the child’s needs.
Yes. The child’s wishes and feelings can be considered by the court, with appropriate weight given depending on factors such as the child’s age and understanding. The court considers the overall welfare of the child rather than simply following a child’s preference automatically.
A Mediation Information and Assessment Meeting, commonly known as a MIAM, is an initial meeting with an accredited mediator. The mediator explains the mediation process, considers the circumstances of the case and assesses whether mediation or another form of dispute resolution may be suitable. In most cases, attending a MIAM is required before applying to court, although exemptions are available in certain circumstances.
Domestic abuse can be highly relevant to child arrangements. Where there are concerns about domestic abuse, coercion, intimidation or a risk of harm, it is important to obtain appropriate legal advice. Certain circumstances may mean that the usual MIAM requirement does not apply, and the court can consider safeguarding concerns when determining arrangements for a child.
If circumstances have changed, parents may be able to agree a variation and have it formally recorded where appropriate. If an agreement cannot be reached, an application can be made to the court to vary the existing order.
If an existing order is not being followed, you may be able to apply to the court for enforcement. The court will consider the circumstances and may make an enforcement order or another appropriate order. Legal advice should be obtained before taking action, particularly where there are concerns about the child’s welfare or circumstances have changed.
International travel involving a child can raise important legal issues, particularly where parents disagree or there are concerns about removal from the UK. Depending on the circumstances, a Prohibited Steps Order or another appropriate court order may need to be considered. We can advise you on the options available based on your individual circumstances.
If there is an immediate concern about a child’s safety or welfare, or another urgent issue requiring court intervention, we can advise you on the appropriate legal options. Urgent applications may be treated differently from ordinary applications, and certain urgent circumstances can also provide an exemption from the usual MIAM requirement.
Speak to MYM Solicitors
About Child Arrangements
Speak to MYM Solicitors About Child Arrangements
Arranging the care and upbringing of your children after separation can be challenging. Getting appropriate legal advice can help you understand your options and work towards arrangements that put your child’s welfare at the centre of the process. Contact MYM Solicitors today for professional Family Law advice tailored to your circumstances.
Why Choose MYM Solicitors?
- Tailored advice based on your family’s circumstances
- Clear guidance on your legal options
- Support with negotiation and mediation
- Assistance with consent orders
- Representation in Family Court proceedings where necessary
- Advice concerning parental responsibility and specific issues
- Support with existing or disputed Child Arrangements Orders
- Professional and confidential Family Law guidance
Hear from our Clients
Michelle MulcahyTrustindex verifies that the original source of the review is Google. Thank you so much excellent service thanks so very much highly recommend. soliman made everything run smooth Vivien AmeerTrustindex verifies that the original source of the review is Google. It was great dealing with Hamid and his team from start to finish in purchasing our first property. He was always very prompt to respond in detail to any question we had along the way. Got our house keys within 7 weeks. Highly recommend MYM to anyone looking into buying a property. Andrew MooreTrustindex verifies that the original source of the review is Google. Very responsive team acting promptly and professionally throughout the entire process. Lonard EzeTrustindex verifies that the original source of the review is Google. Chimezie Eze Azhar MahmoodTrustindex verifies that the original source of the review is Google. GREAT service FROM solicitor Humza Maqsood from the immigration department. Humza assisted me with me ILR application and I highly recommend him. Thanks Humza. Umer RajaTrustindex verifies that the original source of the review is Google. Great guy humble personality great guy good at what he does humza is a outstanding individual I would highly recommend him for all legal and visa issues thanks humza Maz KhanTrustindex verifies that the original source of the review is Google. Very professional firm. Especially Hamid, provided a great service and is very helpful with all lawful needs. Leah SmithTrustindex verifies that the original source of the review is Google. I was working with mr Hamid he was very good he provided excellent service and I got my mortgage in no time I’m very grateful sarbjeet singhTrustindex verifies that the original source of the review is Google. Timely respond and timely serve , good service ..
Contact MYM Solicitors Today
Need help agreeing arrangements for your child? Speak to our Family Law team to discuss your circumstances and find out how we may be able to assist.
call us now
01753 208 786
Email us
myproperty@mym.law