The start of a New Year often brings a sense of reflection and new beginnings. For many couples, this time of year can prompt difficult decisions, including the choice to separate. If you find yourself in this situation, you are likely facing a number of important decisions for the year ahead; one of the most crucial being the future arrangements for your child or children. This blog will take you through the practical steps to reach a fair and sustainable agreement.
What Are Child Arrangement Orders?
A Child Arrangements Order is a legally binding Court Order made through the Family Court, which can stipulate:
- Who the child will live with;
- The contact arrangements with the non-resident parent (or other significant individuals depending on the parties of the proceedings).
Such orders can encompass various eventualities, from what happens over half terms and summer holidays, to the arrangements on special occasions celebrated within the family.
If you and your ex-partner are struggling to agree on matters after your separation, a Child Arrangements Order may help provide clarity and legal certainty.
Any decision made by the Court will be made in accordance with the ‘welfare principle’; that being the welfare of the child is the Court’s paramount consideration. Factors set out in the ‘welfare checklist’ will also be applied to the child’s individual circumstances, such as their age, harm suffered or at risk of suffering, the impact of any change, and more.
There is a presumption in law that both parents should be involved in the upbringing of their child, as long as there are no safeguarding concerns that will prevent this.
Where do I start?
Any child arrangements may be agreed between you and your ex-partner directly. This is the best case scenario as the decision making is in your hands, as opposed to a Judge who will not personally know your child.
What if we can’t agree?
Option 1 – Consider Mediation
Mediation is an effective way to resolve disputes without involving the court. It involves a trained mediator who facilitates a meeting to work out an agreement. Mediation is voluntary and non-binding, but it can save time and money, and is often less stressful than court proceedings. If mediation is successful, the agreed arrangements can be formalised into a legal order.
Option 2 – Seek Legal Advice
If you cannot reach an agreement on your own or through mediation, you may need legal assistance. A family solicitor can help you navigate the process, represent your interests, and ensure that the child’s welfare is the main focus. We can assist with:
- Drafting child arrangement proposals;
- Engaging in negotiations between you and your ex-partner;
- Representing you in court if necessary;
- Ensuring that the final agreement is in your child’s best interests and is enforceable.
Option 3 – Court Applications
If mediation fails and an agreement cannot be reached, you may need to apply for a Child Arrangements Order as a last resort. The court will assess the case, hear from both parties, and make an order based on the child’s best interests.
Things to Consider When Making Arrangements
As you begin to plan for the year ahead, it is important to consider the following factors that may impact your child arrangements:
- School holidays and routine: many parents will have differing views on holiday schedules. Plan well ahead to avoid confusion.
- Travel and location: if you live in different areas, how will travel be managed for the child?
- Additional needs: if your child has additional needs or requires support, both parents will need to be made aware of any necessary care, support, or appointments. Discuss how these will be managed in both households to provide consistent care and avoid disruptions.
- Flexibility: children’s needs can change over time; be prepared to adjust arrangements as your child grows or as circumstances change.
- Communication: determine the most effective way to communicate with your ex-partner after separation, ensuring that you can discuss matters related to your child.
We understand that sorting out arrangements for children can be emotional and challenging. Our team is here to guide you through the process, ensuring that your child’s future is secured whilst protecting your rights.
If you would like to learn more, you can contact our Family Law team here or call on 01604 936512 / 01908 953674 or email [email protected].
Written by Nikita Bhara
Senior Family Solicitor, Family Law at Franklins Solicitors LLP
Specialises in child arrangements (including parental alienation and safeguarding), special guardianship, private adoption, parental responsibility, divorce, financial settlements, pre/post-nuptial agreements, protective injunctions, and name changes.
Nikita is a dedicated Family Law Solicitor at Franklins Solicitors LLP, with specialist expertise in complex children matters including parental alienation, safeguarding concerns, and child arrangements disputes. Since qualifying in 2018, she has built a strong reputation for guiding clients through high-conflict and emotionally sensitive cases with clarity and compassion.
Her experience spans private law adoption, special guardianship, parental responsibility, and protective injunctions, as well as matrimonial matters such as divorce, financial settlements, and pre/post-nuptial agreements.
A confident advocate, Nikita regularly represents clients in court, ensuring their voices are heard. She takes a calm, client-focused approach, providing practical advice and tailored support throughout each stage of the legal process.
