Child Arrangement Order Lawyers
What to Expect from Your Initial Meeting with Our Child Law Team
Legal issues involving your children are often the most difficult matters for clients and naturally involve high emotion.
At McAlister Family Law, we are totally objective, professional and focused. We frequently advise and represent:
- Children themselves
- Parents
- Grandparents
- Relatives
- Guardians
We are members of Resolution, the Law Society Children Panel, and the Association of Lawyers for Children. At our first appointment, we will encourage, where possible, the opportunity to enter into direct discussions with the other parent.
Building ongoing cooperation and communication may initially be difficult, but it is vital for a child’s emotional well-being.
Where this is not possible we can offer legal advice and arrange family mediation, family therapy, and counselling or discuss the remedies available to you through the courts and the applicable hearings with the relevant authorities.
Understanding Parental Responsibility
A parent with parental responsibility is automatically entitled to the right to have input and a say in key decisions in their children’s lives. For example, whether they should be medically treated, what their religion will be, or how the child is to be educated.
In a marriage, both parents are considered equally responsible for important decisions relating to their child. The rules do differ if your child was born to unmarried parents prior to 1 December 2003.
As of this date, a father who is registered on the birth certificate automatically acquires parental responsibility unless there are exceptional circumstances relating to the case such as domestic abuse.
If the child is born before December 2003 (or after 2003 and the father is not registered on the birth certificate) it is necessary for there to be a formal agreement with the mother or a court order to acquire parental responsibility.
Shared Parenting Agreements
Shared parenting agreements are for separated parents or guardians who have reached an agreement regarding their own arrangements for children and who wish for that agreement in writing.
These are for people who do not want or need to involve anyone else, including the court and social services, in their family decisions.
It is an agreed and signed document that sets out clear guidance for the children, such as:
- Intentions
- Agreements
- Legal rights
- Practical day-to-day arrangements
While a shared care agreement cannot be enforced in the same way as a court order, it does provide clear evidence, in writing, of the arrangements made and can help if there are disagreements in the future.
Types of Orders in Children’s Law
In all applications concerning children, the welfare of a child must be the paramount consideration.
The types of orders that can be made include:
Child Arrangements Order
This is regarding where a child should live and with whom.
Also how a child’s time is to be divided between both parents and contact arrangements.
Specific Issue Order
Issues that may arise, such as which school the child is to attend, change of surname, should the child receive certain medical treatment or deciding their religion.
Prohibited Steps Order
An order preventing a person from taking a particular step in relation to a child, such as removing a child from the other parent or out of the jurisdiction.
What the Court Will Take into Account
In all applications concerning children, the family courts treat the children’s best interests as the primary consideration. In doing so, the court will consider the following questions and topics:
- The children’s ascertainable wishes and feelings (having regard to their age and understanding)
- The needs of the child (physical, emotional, and educational)
- The effect the change of circumstances is likely to have on the child
- The child’s age, sex, health, background, and characteristics
- Any harm the child may suffer or be at risk of suffering
- How each parent is capable of meeting the child’s needs
- Range of powers available to the court
Get in Contact with Our Child Arrangement Orders Law Experts Today
Our team helps families resolve issues over child contact arrangements and supports families to grow through surrogacy, donor conception, and adoption. We are home to the most specialist children’s law team in the country, so you can rest assured that we can help you.
To speak with one of our lawyers, call us on 0333 202 6433 or email us at [email protected].
