When parents get separated, what can be most unfortunate for a child?
It can be very hard on children and can be emotionally and psychologically challenging.
Child Arrangement Orders are necessary when a family breaks apart as they can determine key things. Where this is the case, parents may wish to apply for a prohibited steps order or residence order to protect the child's interests.
If you are in a situation involving child arrangements, we can assist you with your Child Arrangement Order. But some questions need asking: when do I apply for a Child Arrangement Order; who will hear the case; what factors apply; and what are the possible outcomes are.
Every question will be answered till the end. Go through it thoroughly and it's a 5 minute read. Instead, if you’d like to chat about the problem in more detail, our expert family legal expert will give you a free consultation.
Let's start
Understanding Child Arrangement Orders: What You Need to Know
Child Arrangement Orders, under the Children Act 1989, help decide important things for a child when parents are separated. This includes:
With whom the child lives or spends time with.
When they see or contact the other parent or person.
It includes when the parent can meet the child; and who will be responsible depending on the child's requirement and his situation. The age factor is also important. The court after listening to the parent's lawyers; gives its decision and then the future of the child's arrangement is decided. You will learn more about it in the following sections, we will answer your questions.
Let's start with the basic question about terminologies and orders.
Is a Child Protection Order different from a Child Arrangement Order?
You have heard about the child protection order. Child Protection Orders are concerned with a child’s safety usually involving neglect or abuse. while Child Arrangements Orders are about where a child lives and who they spend time with.
What is a Parental Responsibility Order or Prohibited Steps Order?
The Parental responsibility order applies to stop one parent from doing something damaging. The Family Law Act provides legal options to address issues. The Specific Issue Order deals with certain issues such as schooling or medical care.
In What Conditions Do I Need a Child Arrangement Order?
When your family is broken and you are facing issues like child custody rights, and living problems, residence order, whether you are a mother or a father, there are rights for both defined in the law. You should consult with your legal aid family law or find a solicitor to discuss these issues and explain before actually applying for a family court order to make the legal process easy and smooth.
What Does the Court Want to Hear From You?
Having a good parenting plan is important because the court wants to know your plans for the child’s future. You will probably have to fill out a C100 court form detailing your request. Getting expert family law advice can help you steer in the right direction and family mediation is often encouraged. For that, you need an expert legal service to help you out.
Why do you need MSD Solicitors' services for a Child Arrangement Order?
When dealing with a Child Arrangement Order, having the right guidance is key.
MSD Solicitors can help you navigate the complexities, providing the quickest and most reliable family legal support with our family legal solicitors working at the utmost priorities and a lawyer for child custody to protect your interests.
MSD Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA No: 666682).
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Which department will hear this case? What factors will the court consider to resolve the issue?
The family courts will hear this case. The court always puts the child's welfare first when deciding which Child Arrangement Order (CAO) to make. They’ll look at things like:
What the child feels and wants
The parental skills of both parents
How stable and continuous the living arrangements are
The risk of harm to the child
The emotional and educational needs of the child
The amount of involvement each parent has in the child’s life.
While there isn’t a one-in-a-go solution for a CAO, each case is unique to the family.
Parents should seek to resolve issues with CAO through mediation, or other means of settling disputes before applying for a CAO. The first stage is to go to a Mediation Information Assessment Meeting (MIAM) where a mediator will establish if an agreement can be made. If that is not the case, the case will go to court for a decision.
What is MIAM, and why is it required for parents to attend?
MIAM (Mediation Information and Assessment Meeting) is a mediation court or you can refer it to an institution that handles the arbitration and reconciliation matters and gives the parents a chance to re-assess the condition and consequence of the separation for the child and the parent,s both to live afterwards. It will impact the child's future and the parents meeting with the child as well.
It is often required for parents to attend before they go to court. It allows co-parenting and family mediation which is important for fathers' visitation rights and getting legal aid and family law assistance.
What Is the Case for the Parents? The High Stakes
When it comes to child arrangements, the stakes are high for parents. Family mediation can help prevent conflict and help find a solution that works for everyone. A specific issue order may be necessary if parents can’t agree on things like parental responsibility and access. Parents can turn to family law solicitors to help them through this process, while their rights are protected and the child’s interests are considered.
What does the Children and Family Court Advisory Service (CAFCASS) do?
CAFCASS is an independent service to help the family court make decisions in the best interests of children. They make reports and advice about custody and contact and assess each parent's ability to meet the child's needs. CAFCASS also makes sure the child’s voice is heard in court proceedings.
Who is Responsible for the child’s expenses before or after the child turns 18?
Before the child turns 18, parents are usually responsible for child support. This responsibility may continue after that if the child is still in full-time education or has special needs. Legal family law advice will clarify who is financially responsible and will ensure parental responsibilities are clear.
Can the surname of the child after custody be changed?
A child’s surname cannot be changed if a sole custody or joint custody agreement has been made. The person who has parental responsibility has to make the request and the court will take into account what is in the best interests of the child before making their decision. If you have to learn more about it; consult with our expert family legal advisor on this.
Who has child arrangement considerations for those under 18?
A residence order will decide where the child lives and how contact with both parents will be arranged for children under 18. The C100 court form is used by a family law solicitor to help you through the process, ensuring the child’s needs are catered for, while always keeping the child’s welfare at the top of the list.
What are the child arrangement considerations for those above 18?
When a child turns 18 they are considered an adult and are no longer subject to custody rights or family court orders. But if the individual does not yet have a job or does not rely on their parents, the parenting plan can still be useful. If the young adult has special needs and needs continued care, legal guardianship may apply.
If a parent breaks a Child Arrangement Order, what happens?
If a parent doesn’t comply with a Child Arrangement Order, the other parent can apply for a prohibited steps order or a supervision order to make the parent comply. The family court can take action, including changing the custody agreement or getting enforcement of penalties. Family law solicitors can help you to deal with such violations.
So what happens when the child turns 18? What will their future be?
That’s when a child becomes 18 and legally an adult and no longer needs a custody agreement. But depending on whether or not they have a parenting plan or are still financially supported, the parent’s legal guardian status may continue. Even family law acts can affect how future obligations, such as child support or care, are handled.
Who can be the child's guardian?
A legal guardian is someone who is assigned to take care of the child and is a legal parent. This is normally the parent but in some cases, a court can appoint another adult as the guardian, such as a grandparent or relative for example, if no custody agreement exists.
How Long Does the Child Arrangement Order Take Time?
While there is no set timeline, it typically takes anywhere from 6 to 12 months to reach a final decision. In most cases, the preliminary court hearing (step 4 in the process) will occur around 6 to 8 weeks after you submit your application. The length of time can be influenced by various factors, including the nature of the issues involved and the court's schedule.
Can there be reconciliation after mutual consent?
Yes, it’s possible to have family mediation to help both parents come to a mutual agreement about co-parenting and creating a new parenting plan if both parents are open to it. The process can be made a lot less stressful on everyone by family law solicitors, who can help in getting the process to avoid going to court.
What if the child wants to speak for themselves?
In some instances, a child can make their wishes to the family court directly through the use of a specific issue order. A family law act is in place so that the child’s views are taken into account, particularly when big decisions are made, like where the child is going to live or when there’s a dispute over the parenting plan.
Next Step?
To help you out we’ve gone through a series of questions about Child Arrangement Orders and how they affect families. If you are in any way struggling with child arrangements or family disputes, don’t hesitate to get in touch with us.
If you want to find out more about Child Arrangement Orders, or how we can help, find a solicitor who has the expertise in resolving family matters today at 0161 503 0553 or email us at info@msdsolicitors.co.uk for a free initial consultation. We are here to walk you through the entire process!
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