Making arrangements for your children after a divorce or separation can be extremely challenging, as you might have differing opinions on what is in their best interests. Where you are unable to reach an agreement with your former partner, you may need to apply for a Child Arrangements Order.

Child Arrangements Orders also known as Child Custody Agreements are made by the court to decide various aspects of your child’s upbringing, such as with whom they will live, how much time they spend with both parents and what type of contact will take place.

If you are unsure whether making an application for a Child Arrangements Order is right for you, our expert Solicitors and Lawyers will be on hand to provide the support you need.

Unable to reach an agreement? You may need to apply for a Child Arrangements Order.

Our team will make sure that we deal with all issues arising out of your divorce, including child arrangements, financial settlements or domestic abuse.


Our expertise with Child Arrangements Orders

At Taylor Emmet, we have been recognised as having one of the leading Family Law teams in the Sheffield City Region and beyond by The Legal 500.

Our expert team has substantial experience in dealing with applications for Child Arrangements Orders. As such, we understand all of the concerns and questions you are likely to have about the process and are aware of the steps we can take to achieve the best outcome for you and your children – no matter how complicated or emotionally charged the situation.

We understand that deciding to apply to court for a Child Arrangements Order is not an easy decision. Our team will be on hand to deliver tailored advice and support throughout the process.


How our Child Arrangements Solicitors and Lawyers can help

Mediation and Dispute Resolution

If the court is to make a Child Arrangements Order, you and your partner will need to demonstrate that you have attempted to reach an agreement using out of court dispute resolution, or the court has to be satisfied that it was not appropriate, for example, if there has been domestic abuse.

Usually you will need to demonstrate, as a minimum, that you have attended a Mediation Information & Assessment Meeting (MIAM). A MIAM is a meeting with a qualified mediator to determine whether, rather than making an application to court, mediation would be a more suitable option for resolving your dispute.

We can provide clear advice about MIAMs and carefully explain what you can expect from the process, so you are well-informed and understand how they can be of benefit to your personal situation. If you continue with mediation, we will provide advice and support alongside the mediation process.

Applying for a Child Arrangements Order

Our team will work with you to establish what arrangements are best for your children and where possible, provide the help and support you need to negotiate a quick and amicable agreement.

In cases where you are unable to come to an agreement with your former partner over arrangements for your children, we can work with you to help you make an application to court for a Child Arrangements Order and represent you at hearings. If necessary we will take any urgent steps required in the children’s best interests.

Additional court orders

In some cases, other alternative court orders might be appropriate for you and your children, such as a Specific Issue Order, in the event you cannot agree on important matters, for example, which school your children will attend.

A Prohibited Steps Order can also be obtained to prevent your ex-partner from doing something that is not considered in the children’s best interests.

Enforcing a Child Arrangements Order

If your former partner is refusing to follow the terms of a Child Arrangements Order, it is important that you understand the options available to you.

The first step will often be to try to resolve the issue through negotiation with your former partner. However, if this is not possible, an enforcement application to the family court may be necessary. Our Child Arrangements Order Solicitors and Lawyers can help you with both of these steps.

Amending a Child Arrangements Order

As time goes on and the needs of your family change, there is a possibility that an existing Child Arrangements Order is no longer appropriate. It is possible to have the terms of an order changed, either through a voluntary agreement or by an application to court.

Our team can work with you to carefully review the terms of the order, why it would be appropriate to make an amendment and what the implications for doing so are likely to be. We can also provide clarity over whether certain changes to a Child Arrangements Order are likely to be approved by the court.

Changing a child’s name or taking them abroad

If you are considering moving with your child abroad, or even going on holiday, you need the agreement of everyone who holds Parental Responsibility for them. The same applies to changing a child’s name.

If no agreement is forthcoming or if you are concerned that your child may be taken abroad, or have their name changed without your consent, our specialist Solicitors and Lawyers can assist. If necessary, we can make an application on your behalf to the court for permission to take a child abroad or change their name, or to stop this happening.


Frequently asked questions about Child Arrangements Orders

What is a Child Arrangements Order?

What is a Child Arrangements Order?

Child Arrangements Orders state with whom a child lives and the time they spend with the other parent. In some cases, grandparents, or other family members, can also make an application for a Child Arrangements Order.

Child Arrangements Orders are sometimes colloquially referred to as ‘child custody’ or ‘access’, though the terms custody and access are no longer used in a legal context.

How long does it take to get a Child Arrangements Order?

How long does it take to get a Child Arrangements Order?

There is no set time frame for how long it takes to get a Child Arrangements Order. Often, it will depend on the complexity of the issues, whether the court needs a report from CAFCASS or social services and how quickly any court hearings can be scheduled. In many cases, it can take anywhere from six months to two years for a final order to be made.

How long do Child Arrangements Orders last?

How long do Child Arrangements Orders last?

A Child Arrangements Order stating with whom a child lives usually lasts until they are 18. Child Arrangements Orders setting out the time a child spends with someone last until a child is 16, unless the order states otherwise. If you and your former partner move back into the same household, the order will expire after six months of cohabitation.

Is a Child Arrangements Order legally binding?

Is a Child Arrangements Order legally binding?

Yes, a Child Arrangements Order is legally binding. This means that the court can enforce an order if either party is found to be in breach of its terms.

How much does a Child Arrangements Order cost?

How much does a Child Arrangements Order cost?

There is a court fee for making a child arrangement order application.

The fees you may be expected to pay for support from our specialist team will vary from case to case and will depend on a wide range of factors. Once we have a clearer understanding of what your case involves and the level of support you require, our team will be able to advise you further on what the likely costs will be.

Can I get an emergency Child Arrangements Order?

Can I get an emergency Child Arrangements Order?

If you are concerned that your child is suffering from harm, or is at risk of suffering harm, it may be possible to apply for an emergency Child Arrangements Order.

When making an emergency Child Arrangement Order, you will need to submit a form which includes a written statement explaining the reason for the urgency of the application. If appropriate, the court may make an interim order without having to notify the other party.

Can I get legal aid for a Child Arrangements Order?

Can I get legal aid for a Child Arrangements Order?

Legal aid for a Child Arrangements Order will only be available in certain circumstances. Legal aid is also subject to a means and merit test.

If you need advice on whether your case would be suitable for legal aid, our team will be able to support you.

Can grandparents or other family members apply for a Child Arrangements Order?

Can grandparents or other family members apply for a Child Arrangements Order?

It is not only parents who can apply for a Child Arrangements Order. Family members such as grandparents can also apply for an order. However, they will first need to apply to the court for permission to make the application. Whether permission is granted depends upon their relationship with the child.

What is Parental Responsibility?

What is Parental Responsibility?

Parental responsibility refers to the legal rights, duties and powers that a parent (or other nominated individual) has towards a child.

Those with Parental Responsibility have the ability to make various important decisions in relation to the child.

We have Family Law Solicitors near you

If you are interested in understanding how Taylor Emmet can help you with your family law issues then please contact us.

0114 218 4000

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Any issues that concern children have the potential to be extremely complex and fraught with conflict. We’re here to make sure that you can find a resolution quickly and painlessly, avoiding court proceedings wherever possible.

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Adoption

Adoption Orders aim to provide a stable family environment for a child, with a view to providing successful integration into a new family life.

The adoption process has the potential to be extremely complex, with various steps needing to be correctly handled to ensure that a positive outcome is achieved with minimal disruption. No matter which side of an adoption you are on, it is vital that you receive practical and expert support at every stage.

Whether you need general legal advice on adoption, are currently going through the adoption process, or find yourself involved in an adoption appeal or dispute, it is vital that you receive specialist support from a team who have a detailed understanding of adoption law.

Care Proceedings

If a Local Authority’s social services department has concerns over a child’s welfare or believe they may be at risk of suffering harm, they will become involved with the family and may see fit to start care proceedings. If care proceedings are commenced in respect of a child in your family, this could mean that they are removed.

We understand how upsetting and stressful care proceedings can be. Our team will work with you closely and provide support throughout the process, making sure you know what to expect and that your rights are protected.

Child Abduction

Having your child taken from you without your agreement is a parent’s worst nightmare. In some cases, this could be classed as child abduction.

If you need support in protecting your child, our team can help you to take immediate action. Our professional team of Child Law Solicitors and Lawyers have the skills to help you make an urgent application to the courts for the return of your child.

If required, we can also take emergency steps to prevent children from being removed from the country.

Child Arrangements Orders

A Child Arrangement Order is a type of court order which can be used to decide various aspects of your child’s upbringing. This includes deciding with whom they will live, how much time they spend with both parents and what type of contact will take place.

Such an order can be made if you are unable to resolve a dispute with your former partner about certain arrangements for your children.

Our Child Law Solicitors and Lawyers can help you to negotiate an agreement and, if this is unsuccessful, guide you through the process of making a Child Arrangement Order application.

Legal Aid

The availability of legal aid for family law cases has significantly reduced in recent years. However, there are certain scenarios where it may still be available.

As we have a contract with the Legal Aid Agency, our team can determine whether you are eligible for legal aid and, if so, support you with your application.

Parental Responsibility

Parental responsibility refers to the rights, duties, powers, responsibilities and authority that a parent has in respect of their child. When you have parental responsibility, you can make various decisions on behalf of your child.

Not all parents automatically have parental responsibility. If you wish to obtain parental responsibility for a child, it may be possible to make a parental responsibility agreement or apply to the court for parental responsibility order if you cannot reach an agreement.

In both scenarios, our Child Law Solicitors and Lawyers can work with you to offer the support you need.

Special Guardianship

Special Guardianship provides a middle ground between adoption and a Child Arrangements Order and can be used in situations where it is not possible for a child to live with their parents. When granted, a special guardianship order places a child or young person into care with someone other than their birth parents.

Whether you intend to make a Special Guardianship Order or a Special Guardianship Order has been applied for in relation to your child, our team can help you take the appropriate action and advise you on the options at your disposal.

Frequently asked questions about Children Law

How do I prepare for child custody court?

It is firstly important to note that the term ‘custody’ is no longer formally used when discussing arrangements for children. If you need to attend court for a legal matter involving your children, it will be the Family Court.

The best step you can take if you are due to attend Family Court is to instruct a specialist Child Law Solicitor or Lawyer, who can provide you with all the information you need about what to expect and what steps you can take to be as prepared as possible.

Can I avoid going to court?

In many cases, it is possible to avoid having to go to court. There are various methods of non-court dispute resolution, such as mediation, arbitration, and constructive negotiation, which can be utilised to help resolve any disputes you may be involved in concerning your children.

Exactly which method is best suited will depend on your circumstances and the relationship you have with the other party. Our Child Law Solicitors and Lawyers can discuss the potential options that may be available to you and explain how each of the processes will work.

What happens if we can’t reach an agreement?

If it is not possible to reach an agreement over a certain arrangement for a child, it may be necessary to head to court. This will often be a last resort, as the courts only tend to become involved with arrangements for children when it relates to an important aspect if their welfare and upbringing.

Do I need a solicitor for child arrangements?

It is not a requirement to work with a solicitor when making child arrangements. However, it is strongly recommended to do so, as these types of matters can often prove to be complex and having the support of a specialist will significantly increase your chances of securing a positive outcome.

Do I have parental responsibility?

Whether or not you have parental responsibility will depend on your legal status as a parent.Birth mothers are automatically granted parental responsibility, as will the father if they are married to the mother at the time of birth.

If the father is not married to the mother at the time of birth, they will be granted parental responsibility if they are named on the birth certificate. If you do not have parental responsibility, you can make an application to the court.

What orders can the family court make?

The family court has the power to make various orders in respect of children, such as:

  • Child Arrangements Order - Sets out a child’s residence and what level of contact they have with their parents.
  • Specific Issue order – Settles a dispute between parents with parental responsibility.
  • Prohibited Steps Order – Prevents someone from taking a certain action or making a decision without the permission of the court.
  • Responsibility Order

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