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Child Arrangement Orders

Child Arrangement

This covers what was previously called Contact and Residence

 

Who the child spends time with

If you have a child and the other parent of the child is prohibiting you from seeing him/her then you need strong advice on this.

We can correspond with the other parent on your behalf and use our experience to put forward persuasive proposals on your behalf.

Should the other parent still not agree to this, or responds with an unreasonable level of contact, then we usually refer you to an independent mediator to take the matte further.

However, if this process also fails to reach an agreement, we can apply to the Court on your behalf for a Child Arrangement Order – this now covers both with whom the child lives and spends their time.

The starting point for any Court in considering contact with a parent is that every child is entitled to a relationship with both parents, provided it is safe, and their welfare would not be adversely affected.

If there has been violence to the other parent, a history of drugs or alcohol abuse or you have previously been uncommitted to seeing the children, then we may have to show the Court that you have now changed.

Proving you have changed
This may mean your having supervised contact initially, or perhaps undertaking tests to prove that there is no longer substances abuse.

Ultimately, if an agreement cannot be reached at Court, then the Court itself can make the decision for you.

If an Order is breached, the Court may take steps to ensure it is complied with in the future.

Where the child lives

If you are in dispute with the other parent about with whom a child should live, then again you may need to make an application to the Court for a Child Arrangement Order this time making out your case how you can provide a home for your child.

If a child has primarily lived with one person, the Courts are always reluctant  to change the child’s home of residence, unless there are strong welfare grounds we can put forward to justify this.