Child Arrangements

We can advise on your legal position when it comes to arrangements for the care of your children after relationship breakdown. We can help if you cannot resolve issues such as education, medical treatment, or change of name. We can also advise on internal and external relocation applications, and child abduction. It is widely accepted that a negotiated agreement between parents represents a better outcome for children, and this is always our starting point. However, if a negotiated agreement is not possible, we can guide and support you through the court process.

If parties are unable to agree upon a suitable arrangement for any child of the family, and all other avenues of negotiation have broken down (i.e. direct discussions, Mediation, Solicitor correspondence), then either party can make an application to Court. Such applications are governed by Section 8 of the Children Act 1989 (often referred to as Private Children Act proceedings).

Types of Applications

In Private Children Act proceedings, there are 3 types of Orders that can be applied for:

• Child Arrangements Order – which sets out where a child lives and when they spend time with the other parent;
• Specific Issue Order – where the parents cannot agree on a particular subject concerning a child they can apply to the Court to have the issue determined – for example, which school the child is to attend, religious traditions, change of name etc.
• Prohibited Steps Order – to prevent a parent from carrying out a particular act. For example, removing a child from the jurisdiction, changing the child’s name etc.

We can advise you on either your legal entitlement to or liability for child maintenance under the scope of the Child Maintenance Service, formerly the Child Support Agency. We can also advise on “Schedule 1 Claims” under the Children Act 1989. A Schedule 1 claim can be made, separate to a claim under via the CMS, by a parent with whom the child lives, for housing, a lump sum, other capital sums, periodical payments, general maintenance and/or legal costs. This can be a complex area of law and early legal advice is highly recommended.

Grandparents play a key role in children’s lives. In cases where the parents separate, or they simply don’t get along with a Grandparent/set of Grandparents, it may become difficult to navigate a meaningful relationship between the Grandparent(s) and the child.

Whilst we would initially strive to negotiate and reach an agreement on a voluntary basis, it can sometimes be necessary to issue an application to Court.

Sometimes circumstances change in the family home and, for a variety of reasons, help may be needed from friends or family to look after the children. Whilst this tends to be on a temporary basis only, if such an arrangement is likely to be permanent then it is sensible to consider putting a Special Guardianship Order in place.

A Special Guardianship Order recognises that a child is living with their non-biological parent (i.e. a Guardian such as a grandparent, family member or friend of the family). Such an Order gives the Guardian legal rights in respect to the child including enhanced parental responsibility so that they have an overriding say and are able to make key decisions for the child, as and when necessary.

A Special Guardianship Order is a big decision and it is important that you obtain legal advice at an early stage to assist you with the Court paperwork, liaising with the Local Authority and attending the subsequent Court Hearings that follow.

Travelling can be stressful without the added worry of getting stopped by officials for having a different surname to your child. If you are travelling with a child that has a different surname to you, it is sensible to:

1. Carry a copy of the child’s birth certificate;
2. Carry evidence of your change of name (if applicable); and
3. Obtain a signed letter of authority from the other parent confirming their consent to travel.

Our specialist advisors can help you with preparations for holiday and in the absence of an agreement between you and the other parent, we can if necessary, issue an application to Court for permission to travel.