If you are splitting up from an unmarried partner or divorcing a husband or wife you need to know if you require a child arrangement order from the family court to sort out the custody and contact arrangements for your children.
Family law solicitor, Angelique Holm, is an expert in children law and can answer all your questions on whether you need a child arrangement order and how to get one.
For children and family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.
Who needs a child arrangement order?
Any parent who is separating or divorcing and who has children under the age of 16 may need a child arrangement order. If your child is over 16 but has special needs or is vulnerable, you may still need an order.
How do you obtain a child arrangement order?
A child arrangement order can be obtained from the family court either by agreement with the other parent or after a contested court hearing.
If you have reached an agreement with the other parent over the residence and contact arrangements for your children then you may be able to secure an order without needing to go to a court hearing or you may only need to attend one short hearing. Even if you can’t reach an agreement on residence or contact arrangements before you start the court application for a child arrangement order you may be able to do so during the court proceedings. You can then ask the court to make an agreed order.
Why do you need a child arrangement order?
You may question why you need a child arrangement order if you have reached an agreement on the residence and contact arrangements for your children. It is best to speak to a family lawyer about why you need a child arrangement order when you have an agreement with your ex-partner because there are many different reasons why you need an order. It all depends on your family circumstances.
You may need an agreed child arrangement order if:
- Despite your agreement with your ex-partner, you fear that they won’t return the children at the end of contact visits and you are concerned that it will take a long time to get a child arrangement order if that happens. Without a court order or obvious safeguarding and welfare concerns, the police and authorities may not want to get involved in ensuring that the children come back to you at the end of a contact visit as originally agreed by your ex. Alternatively, you may be concerned that your former partner will not allow the children to go on agreed contact visits. Your fears may be very genuine if your ex-partner has a history of reneging on agreements or doing their own thing on a whim and you want a stable routine for your children
- You are the main day-to-day carer of the children and you plan to go abroad frequently with the children. If you do not have a child arrangement order in place that names you as the residential parent you will need to get your ex-partner’s consent to your taking the children out of the UK every time you want to take the children abroad on holiday. If you have a child arrangement order that says the children live with you then the law says you can take the children abroad on holiday for up to four weeks without first needing the agreement of your ex-partner or a court holiday order
- If you have a different surname to your children and you are travelling abroad with them then border officials may question your right to travel with the children. That’s because border officials are always on the alert for cases of potential child abduction, including parental child abduction. A child arrangement order, that includes the agreed overseas holiday contact arrangements, can be helpful as it provides clear evidence of your right to take the children on holiday with you
- If your children are taken overseas on holiday by extended families, such as a grandparent or aunt, then an order or a recording in an agreed child arrangement order can be important evidence of their right to take the children abroad
- Your ex-partner may have a history of changing their mind or using the children to blackmail you into doing what they want. Alternatively, your former partner may be a great parent but you want the security of a child arrangement order because they are heavily influenced by their extended family
- their extended family
There are many other reasons why you may need a child arrangement order even though the childcare arrangements are agreed upon with your ex-partner. For a discussion about why you may need an order from the family court call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk.
Alternatives to a child arrangement order
If you do not want to ask the court to make an agreed child arrangement order then a family law solicitor can draw up a parenting plan for you recording your agreement on where the children willlive and the contact arrangements, including holiday and special occasion contact and other important parenting decisions. For example, whether the children will follow a faith or attend a faith school, whether the children will be vaccinated with childhood vaccines, or whether you both agree to allow ear piercings and at what age.
The agreed residence and contact arrangements set out in a parenting plan do not carry the force of a child arrangement order. However, if your agreement with the other parent does break down, you can use the parenting plan as evidence of what had been agreed between you. In any subsequent child arrangement order application, you can argue that the children need continuity and that the same parenting arrangements should remain in place.
For advice on child arrangement orders and resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.