Child Arrangement Order

If you are unmarried and have parental responsibility, then you have the same rights as any married parent.

For same sex couples, the legal situation is a little more complicated. There have been a few changes to the law in recent years. Child arrangements can depend on how your child was conceived or came into the family. One of our specialists will be able to guide you through.

If you can’t agree on child arrangements with your former partner (whether alone or through mediation), the court will need to decide for you.

The best interests of the child will be the absolute priority of the court. It recognises the importance and involvement of both parents in a child’s life, so it’s unusual for a parent to get sole custody or residence unless there’s a question of their safety. It also recognises the benefits to children spending time with extended family (e.g. grandparents).

The court must consider all factors listed in the welfare checklist in Section 1 of the Children Act, including:

Any harm or risk of harm to the child
Each parent’s ability to meet the child’s needs
The likely effects of any change in circumstances
The child’s physical, emotional, and educational needs
The child’s age, sex, background, and any other relevant characteristics
The child’s wishes and feelings (bearing in mind their age and understanding).

Although the court’s decision will be legally binding, there may be situations when arrangements can change in the future, like if your circumstances change.

No one should have to go through the courts or manage an emotional conflict alone.

Professional lawyers, counsellors, and family therapists can help you reduce conflict, speed up a resolution, and build a respectful relationship between you and your ex-partner. This undoubtedly helps minimise impact on your children.

In an ideal world, you will maintain a good working relationship with your former partner. That’s easier to do if you can see and speak to each other.

But we understand this isn’t always possible – even when you are trying your best. If there’s a serious reason you don’t want any contact at all, it is possible to go through the process without seeing your former partner. We are very experienced in representing victims of domestic abuse in court, and we can ask the courts to make adjustments to their usual processes to protect you and your children.

You don’t have to go to court when deciding arrangements for your children. You don’t even need to make a formal arrangement at all if you have agreed things amicably between yourselves.

Usually, it’s best to document your agreement in writing in case anything changes. We can help you do this either informally, or with a written parenting plan. Getting this approved by the court means it becomes legally binding.

You will only have to go through the court process if you can’t settle your dispute alone, through mediation, or through an agreed parenting plan.