How Do I Make Sure That My Child Lives With Me?

Child Arrangement Orders

Whatever the nature of your dispute, it’s important to get legal advice from a Family and Child Law Solicitor that is tailored to your situation. There is a lot of information on the internet, or from people who have had experiences. This can be confusing, misleading and incorrect for your circumstances.

The first thing to know is that the correct term to use in discussions is the ‘Arrangements for the Child’.

Historically they were referred to with the terms ‘custody’ and ‘access’ or ‘residence’ and ‘contact’. These issues were previously dealt with by Residence Orders and Contact Orders, but these have been replaced by a Child Arrangement Order.

This is a Court Order which sets out:

• Where a child should live
• When and where a child should spend time with each parent
• What other types of contact can take place, such as phone calls between the child and the non-resident parent
• Options Available for Child Arrangements Orders

When making a decision the Court will always consider the best interests of the children. It doesn’t matter how much you dislike your ex – your children have a right to a relationship with both parents. So, if your children would benefit from having both parents in their lives, then the Court will always encourage that.

Of course, there are times when it’s not suitable for a child to spend time with a parent, perhaps because there is a risk of violence or child abduction. In these situations, the Court may put arrangements in place such as their time should be supervised, or that contact should be stopped altogether.

The Court often need further information before they can make any decision.

Family Mediation

To get a Child Arrangement Order, you must first try to resolve the matter outside of Court. Unless there are extenuating circumstances such as domestic violence, (in England and Wales) you must both attend a Mediation Information Assessment Meeting (MIAM). At this meeting, you will learn more about mediation and whether it could help you.

If so, you must attempt to reach an amicable solution through mediation. This involves discussing the dispute with your ex, with the help of a specially trained mediator. Often people find that they’re happier with an agreement reached at mediation due to their involvement in reaching the agreement. It also is often a significantly cheaper and more time-efficient way to resolve the issue. In addition, having a mediator there while you’re discussing things with your ex can be helpful, because the presence of the mediator reduces the chances of arguing and having conflict.

However, if mediation isn’t successful or suitable, you can proceed to apply for a Child Arrangement Order.

Nevertheless, this is really seen as a last option. The Courts do not like to intervene in child arrangements if possible, and will do everything in their power to help the parents reach an agreement.

Getting a Child Arrangement Order

If none of the other options work, a Child Arrangement Order can help you and your ex finally come to the right decision in terms of where your child lives.

If you do apply for a Child Arrangement Order, the Court will involve the Children and Family Court Advisory and Support Service (CAFCASS). A representative from CAFCASS will speak to each parent and identify any notable issues, such as safeguarding concerns. You may also be asked to meet with CAFCASS in another attempt to resolve the dispute. CAFCASS will also obtain information in relation to any police involvement or children’s social care involvement regarding the family.

Depending on the circumstances, a series of Court hearings will follow.

The Court could suggest some of the following things:

•  The completion of necessary courses;
• Further report of CAFCASS or a Local Authority;
• Drug and alcohol testing.

During the Court process, you’ll always be encouraged to find a mutually agreeable solution. If this is not successful, there will be a final hearing. The Court will hear evidence from each side, and consider CAFCASS’s recommendations. A Judge will then decide the outcome.

This decision is based on:

• The wishes of the children, if their age and understanding allows
• The children’s needs
• The likely effect a change in circumstances would have on the children’s lives
• The children’s age, sex and background
• Any risks the children face
• The ability of each parent to meet their children’s needs

Our Family and Child Law Solicitors Can Help You

We understand that being involved in a dispute around the arrangements for your children is extremely fraught. We also know that it can be a stressful and difficult situation to be in, because as a parent, all you want is for your child to be happy.

That’s why we approach every case we work on – especially in this area of the law – with an unbiased and non-judgemental perspective. We aim to help you get a result that’s in the best interests of your child.

Our Family Law Solicitors are here to act on your behalf, and we can use our legal expertise to explain to you the procedures, guide you through the options and likely outcomes and secure the best outcome for you and your children.