Worried about child custody or contact? As an expert child custody and contact solicitor, I can help resolve where your child will live and the contact arrangements after a separation or divorce. If needed, I can apply to court for a child arrangement order to formalise child custody and contact arrangements.
What is a child arrangement order?
If parents aren’t living together and can’t decide on parenting arrangements, either parent can apply to court for a child arrangements order. The order says how the child’s time is divided between the 2 households.
A child arrangements order is the new name for a custody or residence order (saying where a child lives) and a contact or access order (saying who the child should see and how frequently).
A child arrangement order also encompasses applications for parental responsibility, a specific issue order (i.e. relocation) and grandparents’ rights.
Do I need a child arrangement order?
If you can’t agree the living and contact arrangements for your child, you need a child arrangements order.
A child’s needs can change over time so you may need to review the parenting arrangements. For example, when your child goes to school or you move house. If you can’t reach agreement over revised child custody or contact needs, either of you can apply for an order or apply to vary the existing child arrangement order.
Will I get full custody?
It is natural to want full custody of your child. However, under English law, most parents have parental responsibility for their child by:
- Operation of the law or
- Parental responsibility agreement or
- Parental responsibility order.
Parents with parental responsibility have equal rights and responsibilities for their child. If parents can’t agree on parenting arrangements, a child arrangement order says if care is shared and, if not, who the child should live with and the contact arrangements. If parents can’t agree on other aspects of parenting (such as the child’s religion or choice of school) a parent can apply for a specific issue order or prohibited steps order or a relocation order (so a parent can take their child overseas to live with them).
Will I get joint custody or shared custody?
For some families, shared care is in the best interests of the child. For other children it isn’t the best option for reasons outside a parent’s control, such as work commitments or distance between homes.
Whether a child’s care is shared equally is down to whether parents agree the arrangement or if the court makes a child arrangement order saying the child should spend an equal amount of time with each parent and defines the arrangements.
Whether shared or joint custody is ordered or not, most parents have equal responsibility for important decisions over their child’s upbringing (parental responsibility) and will also have contact, including regular overnight contact.
What are my rights to see my child?
The court doesn’t talk about parental rights but focusses on the child’s best interests when deciding on child custody and contact. However, the court starts from the basis it’s in a child’s best interests to have a meaningful relationship with both parents, unless there are compelling reasons why that isn’t best for the child (such as findings of child abuse).
Overnight contact
How much overnight contact you’ll enjoy depends on the agreement reached or the child arrangement order.
Some children spend 3 days with one parent and 4 with the other parent on a 2-week cycle so care is split equally. Other parents agree their child should have a home base during the week with alternate weekend contact and a midweek overnight contact visit.
My role as a children law solicitor is to listen to what a parent wants, understand their child’s needs and the practicalities (work and other commitments) and then help and support the parent reach a parenting arrangement that works for their family. If agreement can’t be reached, expert legal advice is needed on the likelihood that a parent will get the contact arrangements they want if they apply for a child arrangement order.
Holiday contact
Whether it a weekend in the Cotswolds or a 2-week holiday to Disneyland, parents need to sort out holiday contact so that they can plan their year.
Holiday contact can be agreed between parents or be part of a child arrangements order. Normally, when holiday contact is ordered, the court won’t specify the precise dates but says, for example, that a parent has holiday contact for half of all school holidays or for a fortnight during the school summer holidays.
If you have a child arrangement order saying your child lives with you the law says you can take your child on holiday abroad for up to 4 weeks without needing the other parent’s agreement (although it’s best to discuss your plans) or needing a court order. If a child doesn’t live with you under a child arrangement order, you need the other parent’s agreement (this should be in writing or text) or a court order giving permission for the foreign holiday.
What’s the difference between supervised and supported contact?
When serious allegations are made against a parent contact may need to be supervised to ensure a child is safe during contact until the allegations are tested in a child arrangement order finding of fact hearing.
In supported contact, a contact visit may take place at a contact centre or other venue but the organisers won’t supervise the visit but they will record attendance. Supported contact isn’t suitable if there are significant concerns about contact. Contact will normally move forward from supervised or supported contact once any allegations have been determined at court or fears have been allayed.
Who can supervise or support contact?
Supervised contact can be supervised by a social worker or can take place in a contact centre. In some situations, a grandparent, other relative or trusted friend can supervise or support the contact visit.
As a children law solicitor, I recognise that it can be frustrating to have contact visits supervised and watched but the most important thing is that contact starts. It may be appropriate for stepped contact to take place so contact starts as supervised or supported contact and moves to contact in the community and ultimately to overnight and holiday contact.
What is indirect contact?
Indirect contact can take many forms including FaceTime, Skype, telephone, post and special occasion cards and gifts. Sometimes indirect contact can be recommended if an older child refuses direct contact or if a parent moves a long distance away. Indirect contact can also be recommended where serious abuse allegations have been made or a finding of child abuse has been made by the court.
Family mediation
Family mediation, combined with expert legal advice from a children law solicitor, is one way to reach an agreement over child custody and contact.
If you have tried direct discussions and can’t reach an agreement then in most circumstances, before you can apply for a children law order, you need to go to family mediation before the court allows you to make a court application. There are exceptions to this rule, for example, in situations of domestic violence. If you attend what is known as a MIAM meeting and decide mediation isn’t right for you, or you can’t reach a parenting agreement in mediation, the mediator will provide a form to enable you to make a children court application. If you reach a compromise in mediation but need a court order an order can be prepared/drafted. A court order that isn’t contentious means the proceedings are a lot quicker and far less stressful.
Questions
When it comes to your children and custody and contact, you’re bound to have questions about your rights and options. I can assist by guiding you through the complexities of a child arrangement order court application, or help you resolve where your child will live after a separation or divorce, to formalise custody and contact arrangements with a child arrangement order.