More often than not, it will be in your child’s best interests if you and the other parent can agree arrangements amicably and decide how you wish to co-parent. If you can agree, you may it useful to prepare a Parenting Plan. A Parenting Plan is a written agreement which covers the day-to-day care arrangements for your child as well as any practical issues.
If you cannot agree the arrangements with the other parent, mediation may be able to assist you. Mediation may not be appropriate where there are safeguarding concerns (e.g. domestic abuse, child protection concerns).
If you are worried about your child spending time with the other parent, or you cannot agree arrangements, you can make an application to the court. When the court is being asked to make a decision about a child, CAFCASS will be asked to provide early advice and, if there are issues which require further investigation, the court may ask CAFCASS to prepare a report setting out the long-term recommendations for your child.
The court can make a range of court orders, including:-
- Child Arrangements Order
- Prohibited Steps Order
- Specific Issue Order
For more details, see our FAQs section below.
Early expert legal advice is essential. Our experienced Family Team at Thomas Flavell & Sons can help you avoid the pitfalls often associated with agreeing arrangements for your child after separation and navigating the often tricky court process.
Thorough, attentive to detail and super helpful - Professional team who were honest, clear and excellent in terms of legal knowledge. Would highly recommend going forward.
Judith represented me recently in my divorce proceedings and throughout she was not only professional, providing invaluable advice and guidance, she also showed understanding, compassion, and kindness. I can't thank Judith enough for all her help.
Frequently Asked Questions
We set out below some of the frequently asked questions we receive with regards to Child Arrangements.
A Child Arrangements Order (CAO) is an order that sets out which parent a child should live with and how often they spend time with the other parent. There is no one-size-fits-all approach as each family is different. Each CAO will be based on that particular child’s circumstances and what is in their best interests.
A Prohibited Steps Order (PSO), is a court order that prevents a person with parental responsibility (PR) for a child exercising their PR in a certain way.
A Specific Issue Order (SIO), is a court order which resolves an issue that is in dispute.
Parental Responsibility (PR) is all the rights, duties and obligations that a parent or legal guardian has towards their child. If you have PR for your child, then you are entitled to be consulted on any important decisions for your child that are being made.
If you wish to move abroad but the other parent does not consent, you will need the court’s permission. You will need to apply for a Specific Issue Order.
Each case will be decided on its own merits. The court will consider a number of factors including the impact of the proposed move on the child and the impact on the remaining parent. The court’s paramount consideration will the best interests of the child.
Read this blog for more information about domestic and international relocation.
If your child is spending time with their other parent this may include family, friends and a new partner. Whilst this can give rise to difficulties feelings, it is important to set aside any negative emotions that you may have. This will help your child adjust to their other parent’s new circumstances and to feel included in that new relationship.
Read our blog for more information about this subject.
