Child Arrangement Order Solicitors

From the outset it is important for your children to understand that they are never being asked to choose between you.

If your children are older you can discuss options but we wouldn’t recommend asking them to choose who they live with. That’s a decision that you as adults must make.

It is also important to parent collectively – try and agree in advance rules around homework, bed time, if they can have friends round, how long they can be on gaming machines etc. Children can look to divide and conquer making both parents fight for affection and equally feel guilty so setting rules that you both adhere to makes for a more certain and happy future.

Understandably you will need to revisit your rules as your children get older and therefore communication between both parents is key.

At Kidd Rapinet we recommend expert mediation if you are unable to reach an agreement on what is best for your children. A mediator is independent – they are not aligned with either parties solicitor. They will not tell you want to do but they will help you to seek a solution. A mediator will:-

• Empower you to make decisions in relation to your children rather than applying to court
• Offer a less stressful way of dealing with such sensitive matters
• Help you improve communication and sort out future arrangements
• Provide a quicker and more cost-effective way of resolving child custody disputes

If you have tried mediation are unable to reach a resolution you can apply for a child arrangement order through the family courts.

A child arrangement order is a legally binding court order on both parents which sets out times and days that children must live at one residence or another. It can only be applied for if mediation has been tried and failed. The court will be guided by a welfare checklist that considers:-

• The wishes of the child/ren (taking into account their age and understanding)
• The child/ren physical, emotional and educational needs
• The child’s sex, background and other characteristics
• How capable each parent is with meeting the child’s needs

The court will also assess any risks in the case of domestic abuse and any potential harm to the child/ren.

Sadly grandparents have no automatic right to be part of their grandchild’s life. At Kidd Rapinet we encourage resolution between family members after separation or divorce so children can continue to see their grandparents.

If conflict prevents this a grandparent can approach the court to make a child arrangement order – this is only likely if the court considers it to be in the child’s best interests.

If there are problems with parental responsibilities and social services have become involved it is possible for grandparents or one or more individuals to become a child’s ‘special guardian’. This is a private law order and is intended for children who cannot live with their birth parents and would benefit from a legally secure placement.