Arrangements for Children after Divorce

In most cases, parents can reach an agreement about what is best for their children. If not, we can advise on the arrangements and options for successfully resolving a family dispute. Agreements reached together are more likely to work in the long term, and there is no need for the stress of court.

Children arrangements – what is involved?

A divorce or separation is a difficult time for everyone. Your first concern is likely to be about your children. After a separation, you will both continue to be parents. A co-operative, constructive approach to sorting out the arrangements for them will lay the best foundations for the children to feel settled with the new family arrangements.

In most cases, parents can reach an agreement about what is best for their children. They should always share major discussions; for example, where their child will live, which school they will go to, health issues or religious upbringing choices. If not, we can advise on the arrangements and options for successfully resolving a family dispute. Agreements reached together are more likely to work in the long term, and there is no need for the stress of court.

Court applications for Child Arrangements Orders

Child arrangement orders have replaced what were previously known as ‘residence’ or ‘contact’ orders. A child arrangements order will set out where your child or children live and when and how they spend time with each parent.

Specific issue order

These types of orders are used to determine specific issues in your child’s upbringing, for example where they go to school, whether they are or are not brought up in a particular religion, or dietary or health issues.

Prohibited steps order

These orders prohibit a particular course of action in relation to a child. For example, a prohibited steps order might prevent a parent from obstructing a holiday abroad or conversely might prevent a parent from taking a child on holiday abroad.

Who can apply for a child arrangement order?

Parents, guardians or anyone with parental responsibility for a child apply can for a child arrangements; specific issue; or prohibited steps order. There are other potential applicants but these are the most common.

Who should be named as the respondent in your application?

Every person who has parental responsibility for the child should be named as a respondent.

How do you know whether someone has parental responsibility?

A mother automatically has parental responsibility for her child from birth. A father will have parental responsibility if he is married to the mother.

If the mother and father are unmarried the father will only have parental responsibility if he is named on the child’s birth certificate. This applies from 1 December 2003.

For children born or births registered before 1 December 2003 an unmarried father will only gain parental responsibility through a residence order, parental responsibility agreement or parental responsibility order.

Same-sex parents who are civil partners will both have parental responsibility. Unmarried same-sex parents will need to either enter into a parental responsibility agreement and apply for an order or enter into an agreement or jointly register the birth and enter into a civil partnership.

Other individuals may also have parental responsibility for a child. This includes anyone who is named as a person with whom a child is to live in a child arrangements order.

Contact us to discuss any concerns in relation to the arrangements for children.