Putting Your Child’s Best Interests First
When parents separate, securing the best outcome for your children is paramount. At A L Law Associates, we provide expert guidance to help you reach an agreement regarding where your child will live and how they will maintain contact with both parents.
We can help with:
- Applying for child arrangement orders
- Negotiating custody and visitation agreements
- Representing you in court proceedings
- Enforcing or varying existing orders
Our team is dedicated to helping you achieve the best possible arrangement for your child’s well-being.
FAQs
Child Arrangement Orders determine where a child will live, who they will spend time with, and how they will communicate with others. There are two primary types:
- Live with Order: Specifies who the child will live with.
- Spend time with Order: Specifies who the child will spend time with and the arrangements for contact, which can include face-to-face visits, phone calls, or virtual meetings.
The court can combine these orders to suit the child’s best interests.
The process involves several steps:
- Attempt Mediation: Before applying, you must attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies.
- Apply to Court: Submit a C100 form to the Family Court along with the required fee (currently £232).
- First Hearing (FHDRA): The court reviews the case, identifies key issues, and may direct additional reports or assessments.
- Further Hearings (if necessary): Additional hearings may occur to resolve disputes or gather evidence.
- Final Hearing: The judge makes a decision based on the child’s best interests and issues a legally binding order.
The judge considers the child’s welfare as the top priority, following the principles of the Children Act 1989. Key factors include:
- The child’s wishes and feelings (depending on their age and maturity).
- The child’s physical, emotional, and educational needs.
- The potential impact of changes to their circumstances.
- Any risk of harm to the child.
- The capability of each parent or carer to meet the child’s needs.
The goal is to create arrangements that serve the child’s best interests.
The best custody arrangement depends on the child’s specific needs and circumstances. Generally, courts aim to promote a stable and loving environment that allows the child to maintain meaningful relationships with both parents where appropriate. Common arrangements include:
- Shared custody: The child spends significant time with both parents, fostering equal involvement.
- Primary custody with visitation: The child lives primarily with one parent but has regular contact with the other.
The most suitable arrangement varies and should prioritize the child’s welfare, stability, and preferences.
Typically, each party is responsible for their own legal fees and court costs when applying for a Child Arrangement Order. However, in rare cases, the court may order one party to cover the other’s costs, especially if unreasonable behaviour or misconduct is involved during the proceedings.