A court order can be used to determine how a child will spend time with each parent after separation or divorce (previously known as a custody order). This is what a child arrangements order (CAO) typically covers:
- Living arrangements - where your child or children will live, whether it's with one parent primarily, or splitting time between both parents’ households
- Contact arrangements - how much time your child spends with the mum or dad they don't live with. This can include details like weekdays, weekends, holidays and special occasions
- Communication arrangements - outlining preferred methods of communication between parents regarding your child or children, for example phone calls or digital channels such as WhatsApp or text messages
Sometimes, one parent will want to relocate with the child or children. If a couple cannot reach an agreement amicably, the mum or dad who wants to relocate can apply for the court’s permission, or the remaining parent can ask the court to stop the move.
The court must then decide the issue based on what would be in 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.
The law governing child relocation can be complex and difficult to navigate, with different rules applying to proposed moves within this country and overseas. Our specialist children and family solicitors will comprehensively advise you on your options and work hard to ensure your interests and the welfare of your children are protected at all times.
In the meantime, here are some key points to remember about child arrangements orders
- Issued by the court - an order is only granted after an application is made to the family court, and a judge determines what is in the child's best interests
- The primary focus on child's well-being - the court makes the child's welfare its priority when making decisions about living and contact arrangements
- Flexibility - CAOs can be modified in the future if circumstances change, again through the court process
- Not a one-size-fits-all solution - each order is unique to the situation and tailored to meet the specific needs of the family involved
A Prohibited Steps Order (PSO) restricts a parent from taking a specific action regarding the child. The types of activity that can be prevented include
- taking the child overseas
- removing them from nursery or school
- changing a child’s last name
In simple terms, the PSO stops a parent from doing something regarding a child, as set out in the order, without the court’s consent.
There may be a particular issue you need to address when considering your children in divorce proceedings. Specific issues include:
- consent to travel overseas
- the school they attend
- the last name the child is known by
Parental Responsibility Order (PRO)
You may need to go through the family court to establish parental responsibility, giving a mum, dad or other relative legal status to decide on important matters, such as the child’s education or medical treatment.
When we say a person has parental responsibility, we mean they are responsible for the boy or girl’s care and wellbeing and are expected to make important decisions about the child’s life.
In UK law, all biological mothers have parental responsibility for their son or daughter from the moment of birth. This can be removed if the child is adopted or is born through surrogacy.
A father also has parental responsibility in these circumstances
- he was married to the mother at the time of the child’s birth
- he is named on the birth certificate
- he is later added to the birth certificate when the birth is ‘re-registered’
- he has entered into a parental responsibility agreement with the child’s mother
- if he has what was called a ‘residence order’ for the child, that was made beforehand 22 April 2014, or
- if he has a ‘child arrangements order’ which states his son or daughter ‘lives with’ him
If none of the above apply, the father can apply for a standalone parental responsibility order. Other connected adults, such as a child's step-parent or a second female parent, may also be able to apply for a PRO.
What the family court will consider when assessing your application
They will consider the Welfare Checklist which includes:
- your child’s own wishes and feelings
- their physical, emotional and educational needs
- the likely effects any changes may have on your son or daughter
- your child’s age, gender, characteristics and background
- possible risk of harm to your child
- your and your ex-partner’s ability of parents to meet the child’s needs
- orders the court has the power to make
Applications related to finances
Sometimes, an out-of-court agreement on money and property in a divorce or separation is just not possible. If so, we can help you reach a fair legal settlement on the finances.
If you and your ex-partner cannot agree, you can ask a court to make a financial order. It means the court will decide how your assets will split, and it’s usually a lengthier and more expensive route to take.
Except in certain circumstances, such as cases involving domestic abuse, you will be asked to attend a mediation meeting before making the court application. If mediation fails, we can help you apply for a financial order.
A financial order sets out how you’re going to divide up assets, such as:
savings
pensions
property
investments
child maintenance
When it comes to child maintenance, the Child Maintenance Service (CMS) which will calculate how much should be paid and can arrange for payment if so desired. The court will only intervene in child maintenance matters in limited circumstances. Those circumstances include making an order relating to school fees, or ordering ‘top up’ maintenance if the paying partner earns over £156,000 a year (the CMS disregards any earnings over that amount).
Other applications to Family Court
- Non-molestation order - protects you or your children from violence or harassment by a partner or ex-partner
- Occupation order - lays down who can live in a particular property
- Orders for marriage or civil partnership dissolution - these deal with the legal aspects of ending a marriage or civil partnership
Family law is complex but court proceedings are sometimes necessary to find resolution for a range of family problems. Please give our friendly team a call to discuss the options open to you.
Before you make a family court application
You must usually attend a meeting about mediation before apply to family court. This is called a mediation information and assessment meeting (MIAM) and is compulsory in most cases, with notable exceptions, such as domestic abuse.
This initial meeting is with a specially qualified family mediator who will help you to consider whether your issues can be resolved without going before a judge or magistrate. Belderbos Solicitors offers family mediation services for couples, including the MIAM and subsequent mediation meetings if you want to explore further an out-of-court agreement.
Director James Belderbos is a trained mediator and collaborative lawyer. James was trained by Resolution and is approved by the Family Mediation Standards Board. James is registered as a mediator in Rutland with the Family Mediation Council (FMC) and he offers in-person mediation and online mediation services in Oakham and throughout Rutland and Leicestershire.