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When you and your partner divorce, you may be concerned about certain arrangements regarding your child, which can make a difficult time even harder. Child arrangement solicitors advise and support separated parents on shared parenting and care matters to ensure the safety of their child or children.
More than one-third of children will see their parents separate before their 16th birthday, which can be extremely difficult to process. You may be worried about the shared parenting agreements for your child post-separation.
By working with a child arrangements solicitor from David Gray, you can receive legal advice on approaching child maintenance, a child arrangements order or other matters on child custody.
What are child arrangements?
Child arrangements are the legal agreements and court orders, known as Child Arrangements Orders, that define where a child or children live, who they spend time with and how they communicate with parents and other family members after the divorce or separation of their parents.
A child arrangements order will detail the child’s routine, with the arrangements being legally binding until they are 16, or 18 for living arrangements. Obtaining a child arrangements order allows you and your ex-partner to ensure your children’s best interests are prioritised in decisions about their care until they reach this age.
Child arrangements can be reached without the need for legal interference. If parents are able to agree on the arrangements for their child once they divorce or separate, they can create a parenting plan and avoid courtroom conflict. Mediation is the next step should this be unsuccessful.
If you need further support on agreeing child arrangements, the court can issue a legally binding child arrangements order. It is essential to receive legal advice from a child arrangements solicitor if you begin the court process to obtain an order.
Working with a child arrangements solicitor from David Gray’s team of family solicitors means you can receive expert legal advice tailored to your situation and help you and your family through this difficult time.
Understanding child arrangements orders
Child arrangement orders are created and implemented to set out:
- arrangements for where a child lives, either with a parent or a non-parent
- arrangements for a child to spend time with or otherwise have contact with a person they do not live with, often the non-resident parent
When the court is dealing with a child arrangements order application, the child’s or children’s best interests will always be prioritised, with the court always taking the stance that it is better for a young person if a parent is involved in their lives.
At David Gray, we know that each family is different and in some cases, family solicitors and the courts do not need to intervene. Where court intervention is needed and care of the children is shared, a shared care child arrangement order may be the outcome. This is a legal document that sets out living arrangements for the child.
Other court orders are available, like a specific issues order or a prohibited steps order, and by obtaining legal advice from a child arrangements solicitor at David Gray, we can advise the best court order for your situation if you and your partner are unable to make an agreement together or through mediation.
How a child arrangements solicitor can help with shared parenting
Child arrangements orders, and working with a child arrangement solicitor to obtain one of these, can support ex-partners with shared parenting plans going forward. They can also prevent parental alienation.
A child arrangements solicitor can support you and your ex-partner through this difficult time by providing suitable options to reaching an agreement and implementing a shared parenting plan that works for everyone involved.
Shared parenting and parental alienation
For couples that separate, making suitable arrangements for children to spend time with both of their parents, and other family members, is a priority.
Psychological research shows that it is not divorce or separation which causes long-term problems for children but rather the effect of living with parental conflict post-separation. This conflict also impacts parents. Parental alienation can have a negative impact on a child’s wellbeing and this is something a specialist child arrangements solicitor from David Gray can advise on if necessary.
Separation and mediation services
At David Gray, we know that arrangements for children that work best are usually the ones you can reach an agreement with or without the help of legal and other separation services.
An expert child arrangements solicitor from David Gray can support you and your ex-partner reach an agreement and resolving arrangements for your children in a constructive and sensitive way. This includes advising you on the processes available to you, including family mediation, child custody mediation and collaborative family law, together with support services that you may find helpful.
Whatever your family’s circumstances, our child arrangement solicitors in Newcastle and South Shields have the experience to handle your case in an effective and sensitive way. Our award-winning team of expert family solicitors will advise and represent you so that you can get the best possible outcome for you and your family. Our family team contains Resolution accredited Children’s Law specialists and members of the Children Panel.
An expert child arrangements solicitor from David Gray can support you with agreements for children, including shared care. Contact us by phone on 0191 232 9547 or by completing the contact form on our website.
Frequently asked questions
What is a child arrangements order ?
Child arrangements is the general term given to the arrangements that specify how time should be spent with each parent following separation.
Child arrangements can be agreed between the parties, mediation or negotiations through solicitors. We acknowledge that every family is different and what works for some families, may not work for others. If there can be no agreement between the parties about the time a child will spend with a parent, then an application can be made to court for a child arrangements order. Such an order made by the court is legally binding on the parents of the child.
Our specialist team of family solicitors includes a child arrangements solicitor who can provide advice at each stage of the process from initial advice and negotiating with your ex-partner to mediation or representing you at court.
Who can apply for a child arrangements order?
Anyone with parental responsibility can apply to court for a child arrangements order. However, the court requires the person who is making an application to attend  Mediation Information and Assessment Meetings (MIAMS), unless you are considered to be exempt.
If you are someone without parental responsibility, like a grandparent or other family member, you would first need to seek permission from the court to pursue an application. You would also be required to attend a Mediation Information and Assessment Meeting.
Can I enforce a child arrangements order?
If there is a court order in place saying when a child should spend time with each parent, it is important that you follow the order. Court orders are legally binding, whether they are made by a Judge at a hearing or by agreement. If your ex-partner is refusing to comply with the terms of a child arrangements order, then it would be open to you to make an application for Enforcement.
Similarly, if you have concerns about your child’s safety – meaning you do not feel it is in their best interests to comply with the order – then you should make an application to court to vary or change the order. This will prevent you from being considered to have a breached an order.
In either circumstance, a child arrangements solicitor can provide you with advice in relation to your circumstances and the best way forward to resolve the dispute.
How can I change a child arrangements order?
If you have an existing child arrangements order that is no longer suitable or is not working for you, there are ways you can change it.
If you and your ex-partner agree to change the terms of the order, then it would not be a breach of the order to change the arrangements to suit you. It is important to note that the agreement is not legally binding, so if the agreement breaks down for any reason, you would be required to return to the arrangements which are set out in the original order.
If you and your ex-partner cannot agree to change the order, but you think it is in your child’s best interest for the arrangements to be changed, you can make an application to court to vary or change the terms of the order. Before you can make an application to court,  you would need to attend a Mediation Information Assessment Meeting or MIAM.
Can my ex stop me seeing my child?
Your ex-partner cannot stop you from having access to your child without very good reason. If there are no safeguarding concerns or court orders in place which stop you from seeing your child, your ex should be making the child available to spend time with you. If you are experiencing difficulties in agreeing arrangements for the time you spend with your child following a separation, then we can provide advice and assistance at each stage of the process from initial advice, negotiating with your ex-partner, to mediation or representing you at court.
Do I need a solicitor to apply for a child arrangements order?
You don’t strictly need a solicitor to apply for a child arrangements order, however obtaining legal advice from a specialist child arrangements solicitor is strongly recommended due to the complexity of the process. Working with a solicitor during the application process is recommended to ensure the child’s needs will be met as a priority if the order is given.
A child arrangements solicitor can provide you with initial advice, help you apply for the order and represent you in court.
How long does it take to get a child arrangements order?
Usually, it takes around 10 months to get a court order for your child arrangements order, depending on where you live and your personal situation.
However, there are quicker ways of getting help to agree without going to court, like solicitor negotiation, collaborative law or mediation. Our family solicitors can help ensure you receive the right support for you and your family.
