I can’t agree child arrangements with my ex…
When parties separate, one of the biggest difficulties they will face is reaching agreement upon the daily arrangements for their children. It can seem an impossible task, however, there are options available to you to assist and Claudia Price, the Head of Frodshams Family Department tells us more.
If the parties are unable to reach an agreement, mediation will be the next stage in an attempt to resolve the dispute. Mediation is an interactive process whereby an independent third party assists in narrowing the issues and offers pro-active solutions. Mediation requires both parties to fully engage and be open to compromise. Adult conflict is the main cause for mediation to breakdown.
If domestic abuse has taken place between the parties, mediation may not be suitable. In such cases, you can apply directly to the Court for a Child Arrangements Order.
Depending upon the amicability between yourself and your former partner, it may be that solicitors’ intervention be appropriate, in order to assist in reaching an agreement for the day-to-day arrangements for the children. This will reduce delay as well as the costs of issuing an application to the Court for a Child Arrangements Order.
What is a Child Arrangements Order?
A Child Arrangements Order details where your child will live and when your child will spend time with each parent.
When issuing an application, the Court will seek the assistance of CAFCASS (Children and Family Court Advisory Service), who will contact all parties to discuss matters. They will then provide an outline to the Court as to the key issues and concerns, being the basis as to why the application has been issued.
Any order that is made by the Court will be in the child’s best interests, as their welfare is the Court’s paramount concern.
What will the Court Consider?
Upon an application being issued, the Court have duty to consider all factors to ensure that any order that is made is in the best interest of the child. The Court will address the following:
- The wishes and feelings of the child (depending upon the child’s age)
- Each parent’s ability to care for the child
- Whether the child has suffered or is in danger of suffering any neglect or abuse while in the care of either party
- The child’s emotional, physical, and educational needs
- The effect any changes to the current arrangements will have on the child
- The child’s age, gender and background.
It is important to always seek legal advice prior to issuing an application to the Court.
It can be a worrying time if you receive an application from the Court that your former partner has issued. We would suggest that you obtain legal advice at the earliest opportunity, especially if you dispute the application. Our team of experts are on hand to ensure that you are guided at every step of the way and that you are fully aware of the options available to you.
If you wish to discuss your options, or make an application to the Court, please call our offices on 01744 626 600 and ask to speak to one of our Family Law experts, email: info@frodshams.co.uk or visit www.frodshams.co.uk to arrange a no-obligation and confidential discussion.
At Frodshams Solicitors, whatever your needs, you can rely upon us to provide legal excellence delivered with care.
