We can help you to reach child focussed arrangements following a divorce or separation
Parents are actively encouraged to reach an agreement concerning child arrangements between themselves, but sometimes that is not possible. When parents separate, disputes may arise about where a child will live and how much time they will spend with the other parent. If these arrangements cannot be agreed, it may become necessary to apply to the court for an order to decide these issues.
Mediation and child parenting groups can help when you are struggling to communicate with the other parent.
If there is an urgent need to protect your child, or in circumstances when it is just not possible to agree the arrangements, one parent may apply to the court for a child arrangements order.
When you have reached an agreement concerning the children you may wish to set out the terms in a parenting plan so that you can refer to this in the event of a future dispute.
A parenting plan is not legally binding but is a useful framework for the family to follow.
If you require clarity and structure, or need to take a firmer approach, then you may wish to consider agreeing a child arrangements order by consent with the other parent.
A child arrangements order by consent is sent to the court for approval and is sealed (officially stamped) by a Judge. In most circumstances the court will ask you to attend a hearing to ensure that the child arrangements order is appropriate and in the best interests of the child or children. The welfare of the child is paramount.
The court can make the following orders:
Exercising your rights as a parent and responsibilities towards your child.
A mother automatically has parental responsibility from the birth of her child.
A father has parental responsibility if he is married to the mother when the child was born or is listed on the birth certificate.
You can apply for parental responsibility if you do not automatically have it.
Only a person with parental responsibility for a child can apply for a child arrangements order.
Provided that you have parental responsibility you have equal rights as a father relating to your child’s wellbeing and upbringing
Usually until the child is 16 years of age and in exceptional circumstances, until 18.
This will depend on the age and understanding of the child and can vary significantly on a case by case basis. The court is required to consider the child’s wishes and feelings but this can get complicated.
This is when a parent may cause a child to experience loyalty conflicts or other conscious or unconscious pressures towards the other parent.
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We are here to support you, and to put your mind at ease, by explaining your options to you in plain English. Contact us to arrange an informative initial consultation.
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