Financial order for children with unmarried parents

You would apply for a child arrangements order when you and the other parent (or someone with parental responsibility) cannot agree on how to share the care of your child after separation or a relationship breakdown. Such an order is issued to resolve disputes on a wide range of issues, such as:

• Living arrangements - where your child lives during the week and at weekends.  Will they reside equally with each parent, or will there be a different arrangement?
• Spending time with the ‘non-resident parent’ - if your child is to live with you most of the time, how often will they see the other parent? Will there be overnight stays, weekend visits or a combination?
• Decision-making - child arrangement orders help to establish who makes the major decisions regarding a child's upbringing, such as education, healthcare, or religious practices. Will decisions be made jointly or by one parent with consultation from the other?
  
  Whatever the situation, the court will prioritise the interests of the child. Our advice is to consider first an out-of-court solution for making arrangements for your children. This could be through mediation or family arbitration. There are various reasons, however, for child arrangements ending up in the family court. These include:
• Negotiation fails - if attempts to reach an amicable agreement on living arrangements and contact schedule fail through, say, mediation, then a court order can provide a clear structure.
• Conflicting priorities - If parents have significantly different ideas about what's best for the child's routine, schooling or activities, an order can establish a framework for shared care.
• High-conflict situations - When there's a history of animosity or abuse between parents, a court order can help minimise conflict and create a predictable environment for the child.
• Need for legal enforcement - if there are concerns about the other parent not adhering to an informal agreement, a court order can be legally enforced.

If you're unsure whether you need a child arrangements order, it's wise to consult with a family law solicitor. Talk to us and we can assess your situation and advise you on the best course of action.

Other orders can also be issued by family court in regard to children. These include:

• Child re-location application - If a couple cannot reach agreement amicably, a parent who wants to re-locate can apply for the Court’s permission, or the remaining parent can ask the Court to prevent the move. The Court must then decide the issue based on what would be the child’s best interests. In doing so, it will weigh up considerations including the motives for the move, the resultant lifestyle of the child, how the child feels about the move and how it may impact their relationship with the remaining parent.
• Specific issue order - there may be a particular issue you need to address when considering your children in divorce proceedings. This might be consent to travel overseas, the school they attend or the last name the child is known by.
• Parental responsibility order - you may need to go through the family court to establish parental responsibility, giving a parent or other relative legal status to decide on important matters, such as the child’s education or medical treatment.
• Prohibited steps order - in some situations, it will be necessary to restrict a parent’s parental responsibility - e.g. stopping the other parent from removing your child from nursery or school

Fundamentally, we believe the kindest and best outcome, particularly with children involved, is achieved by the whole family working together, out of court, to reach a peaceful and enduring resolution. This is why we are among 6,500 members of
Resolution.

This organisation is for family lawyers and other professionals committed to the constructive resolution of family disputes. We follow a code of practice that promotes a non-confrontational approach to family problems. Resolution encourages solutions that consider the needs of the whole family, and in particular the best interests of children.

There are various ways to make arrangements for your children in divorce proceedings without needing to apply for a court order. We will help you identify the approach that is right for you and your family. These options include:

• Mediation - you may feel that you can discuss children issues with your ex-
  partner but would benefit from some support when you don’t see eye to eye
• A collaborative family law process - here, you and your ex-partner work with
  your lawyers to negotiate arrangements
• Arbitration - you and your partner appoint an arbitrator who assesses your
  situation and makes a decision that is final and binding between all parties