Child Arrangements Orders Solicitors in Birmingham, Northampton and London
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Divorce and separation are especially difficult when children are involved. When child arrangements are a point of contention, our experienced solicitors for child access can offer legal advice, support you in the mediation process and help you apply for a child arrangement order if the dispute can not be resolved amicably.
As the breakup of a relationship is often hardest on the children, we know how important it is to swiftly reach an agreement as to all matters regarding the children, including who the child will live with, how often they will see the other parent or their grandparents and what financial support will be provided. With more than 50 years of experience in child law, the family law specialists at Witan Solicitors are here to help you resolve the dispute quickly and efficiently and protect your children’s best interest.
We will work with you and your family to agree on the child arrangements through negotiation and mediation, as a peaceful resolution is faster and less taxing on the children. If that fails, we will make a child arrangement application and provide any legal advice for child access that you may need.
We can also help with parental responsibility disputes, prohibited steps orders and with written arrangements made for children on separation to prevent disputes in the future.
Call us on 0300 303 2071 or email info@witansolicitors.co.uk to speak to one of our child law solicitors today.
What is a child arrangement order?
You will still hear people talking about “custody”, but this legal term disappeared in 1990. As the courts have now shifted their focus to emphasise what is best for the child, we now refer this to as “Child Arrangement Orders.”
A child arrangement order is a Court ruling (under section 8 of the Children Act 1989) which is used to determine several key factors about a child’s life:
- Residence (Custody): Where your children will live
- Access (Contact): Who is allowed to see the children and when
- Types of contact allowed: What is allowed when (supervised and unsupervised meetings, calls, emails etc)
- Other specific issues: Name changes, travelling abroad with a child, medical treatment, religion, schooling etc.
In the general case, a Child Arrangement Order lasts until the child is 16. In exceptional circumstances, the Court could rule out an extension until the child is 18.
Who can apply for a child arrangement order?
By default, if you are the parent or legal guardian of a child, you have the right to make a child arrangement order application. In addition to that, you can apply if:
- You have lived with the child for over three years (within the last five years and if you have applied within three months since the child doesn’t live with you)
- You are part of the child’s family as the spouse or the civil partner of the child’s parent (step-parents)
- The local authorities have been given shared parental responsibility by the Court (under Section 31 of the Children Act 1989) and they agree to the order being made
Notably, the list above does not explicitly include grandparents or other close relatives. If you are not a parent or a guardian and you don’t fit in any of the above categories, you can still apply for a child arrangement order and it will be up to the Court to decide whether it’s granted or not. If you are successful, you will share the parental responsibility equally with the parents/guardians.
Ultimately, the Court will put children’s wellbeing first and will do what’s believed to be in the child’s best interest. If the child does not agree with the Court’s decision, they could be represented by a solicitor and challenge the decision, given that they are deemed to be old enough and have a clear understanding of the circumstance and implications of their actions.
If you need any further information or if you would like to discuss a child arrangement order application, our team of solicitors for child access are available for a consultation on 0300 303 2071 or email info@witansolicitors.co.uk
Making a child arrangement order application
The process of resolving the arrangements regarding children in a divorce or separation begins when you reach out to a child law expert. First, a mediation meeting takes place to try and resolve the issue out of court. If a favourable resolution can’t be reached using negotiation, one of our child arrangement order specialists will help you make a child arrangement order application.
Once we have taken on your case, we will prepare an application detailing the issues causing the dispute, as well as any additional statements if there is a risk of harm to the child. We will prepare a draft and lodge it to the court and will ensure the involved parties are served the necessary legal documents. We will file a certificate of service with the court and arrange a court hearing date when we will represent you.
Most cases are resolved in the first court hearing. If that’s not possible, a second and potentially a third court hearing will be arranged where we will have to present additional evidence for the court’s consideration, before a final decision is made.
How complex the case is, as well as the type of evidence required, the time it takes to gather it and the court’s availability will determine how long the child arrangement order application process takes. If the court proceedings are taking too long, a temporary child arrangement order can be put in place to ensure the child is not denied contact with one of their parents/guardians in the time it takes for the final order to be made.
Why choose Witan Solicitors?
With offices in Birmingham London and Northampton, at Witan Solicitors, we have worked with hundreds of families across the UK to make child arrangements that protect your and your child’s interest. Our services offer:
- 50+ years of experience in family law
- Jargon-free expert legal advice delivered in simple terms that you can understand
- Dedicated to resolving family disputes in a peaceful manner as members of the Resolution legal community
- Our Solicitors have been rated in the Legal 500
- Exceptional care and support
Whether you are going through a divorce or a separation, we are here to give you legal advice for child access and ensure that your children are safeguarded in the process.
Contact Us
If you need help applying for a child arrangement order, book a consultation with our team of specialist family law solicitors in London and the Midlands by calling us on 0300 303 2071 or send us an email at info@witansolicitors.co.uk for legal advice.
FAQ
Is a child arrangement order legally binding?
Yes, a child arrangement order issued by the Court is legally binding and non-compliance can result in sanctions.
How long is a child arrangement valid for?
A child arrangement order is legally binding until the child turns 16 (18 in exceptional circumstances). After that, the child can decide who they want to meet or live with.
What happens if a child arrangement order is breached?
You can make a formal application for enforcement if the order is breached. If it is proven to the court without reasonable doubt that a breach has occurred, an Enforcement Order can be issued. The Enforcement Order usually starts with a warning notice but can also carry different sanctions, including fines, community service and even jail time.
Do I have to make child arrangements in court?
No, you can resolve matters amicably between yourself and your former partner. However, having the arrangements in writing protects your child’s best interests in case disputes arise in the future. This is why it’s important to seek legal advice for child access arrangements.
Can a child arrangement order be changed once it’s made?
Yes, it is possible to apply for a variation to an existing child arrangement order, as long as you can prove that it’s in the child’s best interests to change the terms.
Can I apply for a child arrangement order for my grandchild?
Yes, you can but you have to first get permission from the court to make the application.
How much does a child arrangement order cost?
There is a set court fee of £215 to make the application. This is separate from your solicitor’s legal fees. The cost of those will vary greatly depending on whether the case is resolved at the first hearing or if it progresses to a final third hearing. For a case that goes to the final hearing stage, you may pay up to £5000 plus VAT in legal fees.
Can I get legal aid for child access?
Legal aid is no longer available for child access cases unless you have been a victim of domestic violence or if the child is at risk of abuse.
Do Witan Solicitors offer Legal Aid?
Unfortunately, with the restriction in Legal Aid over the years, Witan Solicitors do not offer Legal Aid for the limited areas for which it is available.
Aliya Abid
Assistant Solicitor
Aliya advises on all aspects of family law, guiding clients to the best outcomes. When representing clients in separation, divorce and related matters, Aliya can advise on financial settlement agreements as well as child related matters.
What our customers say
I can strongly recommend John and my advise is if you have any disputes at all he is the man to speak to.
John gave me advise on everything and walked through the whole process with myself and made it very clear and easy to understand.
He was very friendly and with a smile.
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