Family Law
By Erica Cottrell
How do I sort out arrangements for the care of my children following a relationship breakdown?
If you can agree with the other parent where the children should live and how often contact should take place between the children and the non-resident parent, there is no need to apply for any Court Orders at all. If you are not able to agree you should firstly consider whether you wish to attend joint mediation with your former partner to see if any issues can be resolved.
The court require you to at least have attended a Mediation Information Meeting (MIAMS) on your own, before you issue a court application, unless the situation is extremely urgent.
If you do need to apply to the court, Child Arrangement Orders can regulate with whom a child is to live and when they spend time, or otherwise have contact with a person. If you are the person named with whom a child is to live in a Child Arrangement Order, this entitles you to take the child abroad for up to one month without the consent of the other parent or the permission of the Court.
If you are not a parent named as the person with whom a child lives under a Child Arrangement Order, you would not have that right. In that case, if you wish to take your child abroad for a holiday, you would need the other parent’s consent, or you would have to apply to the Court for what is known as a Specific Issue Order.
The several types of contact that can be ordered, include direct and indirect contact. Indirect contact may be by way of letter, email, Skype or telephone. The Court may also order overnight or visiting contact arrangements, supervised and unsupervised contact arrangements.
Child Arrangement Orders usually come to an end when a child reaches the age of 16, but can continue until a child is 18 years old, in exceptional circumstances, and the Court can stipulate the duration of the Child Arrangement Order.
The court can also make Prohibited Steps orders preventing a parent from taking certain actions relating to their child and Specific Issue orders ordering certain actions to be taken.
For more information to make a free initial 30-minute appointment to discuss your individual circumstances, phone Sampson Coward on 01722 410664 or email tina.coward@sampsoncoward.co.uk or erica.cottrell@sampsoncoward.co.uk