ARRANGEMENTS FOR CHILDREN AND CHILDREN'S LAW

The Children Act 1989, section 1 states that when the Court is making a decision concerning the upbringing of a child or the administration of a child’s property or income derived from property they own, “the child’s welfare shall be the court’s paramount consideration”

This principle is important to understand because when it comes to applying to the Court for an order or decision relating to a child, the judge will put the child’s interests ahead of yours. For example, if you are a grandparent who is being denied access to your grandchildren following the parent’s divorce, upon applying for permission to seek a Contact Order, the Court will be concerned with the impact of lack of contact from the child’s perspective rather than yours.  

Because our child law Solicitors are highly experienced, we can strategically present your case, putting the child’s interest in alignment with yours and persuasively argue for a decision in your favour.

There are several different types of Court Orders relating to children’s law. They are:

• Prohibited Steps Order – where a person with parental responsibility is prohibited from doing something specified in the Order unless the Court grants consent. For example, a parent may not apply for a passport for their child without seeking the consent of the Court beforehand.

• Specific Issue Order – an Order sought from the Court regarding a specific question or issue, for example, can a child relocate to another part of the country with one of their parents and his or her new partner.

Child Arrangement Order - means an order regulating arrangements relating to any of the following—

(a) with whom a child is to live, spend time or otherwise have contact, and

(b) when a child is to live, spend time or otherwise have contact with any person (usually the other parent, however, this also covers grandparents and others with a relationship to the child).

All the above Orders are sometimes referred to as a Section 8 Order, as they are made pursuant to section 8 of the Children Act 1989.

Co-parenting is where both parents share the care of their children following separation or divorce. It does not refer to each parent rigidly having their children in their care 50 per cent of the time. Instead, co-parenting means:

• The children of the relationship have consistent routines, disciplinary styles, and chores at both parents’ houses and the parents work together to maintain this stability.

• Open communication between parents so each knows if one child is having a problem at school or with a particular friendship.  

• Sharing (as much as each parent feels comfortable with) holidays such as Christmas and Easter and the children’s birthdays.

Establishing a co-parenting relationship following a divorce is not always easy. However, as members of Resolution, we are committed to helping you and your ex-spouse/partner resolve disputes respectfully and kindly. Often attending mediation can help both parties sort out disagreements and learn to communicate with each other better. We can assist you with arranging mediation sessions and advise you on the process.