Children's disputes

Child Arrangements Orders

The Courts have a number of powers available to deal with issues concerning where the child should live, contact, and how the parents exercise their responsibility. These proceedings can be emotional and bitterly contested, involving complex issues such as parents maintaining contact.

Please note that attendance at a Family Mediation Information and Assessment Meeting (MIAM) is compulsory before an application in private law proceedings relating to children may be issued, unless an exemption (such as in respect of domestic violence) or a mediator’s exemption applies.

Where a Child Lives

As the title suggests, this involves the Court directing the residence of the child. In a case where it is ordered that the child live with a parent who does not have parental responsibility, the effect is to give that person parental responsibility.

When making an order, the child’s welfare is the court’s paramount consideration, and the court will take into account the statutory checklist. A child arrangements order can be initiated by an application from a parent or ordered directly by the court in family proceedings relating to the upbringing of the child. The court will not make a child arrangements order for a child who is 16 or over, unless the circumstances are exceptional (e.g., if the child suffers from a disability).

Spending Time with a Child

A Child Arrangements Order will typically deal with when and with whom a child should have contact. A key presumption of the law is that it is the child’s right to have contact. While the Court expects parents to resolve issues between themselves and show flexibility, the Court will intervene upon a parent’s application if necessary. It should be noted that the presumption regarding the right to contact does not include adult children over the age of 16.

Contact may be direct (such as visiting or staying with a parent) or indirect (such as telephone calls, emails, or letters). Sometimes disputes arise about matters such as where the child should be at specific times (e.g., Christmas or during school holidays). At Red Bar Law, we are experienced at dealing with the vast array of issues that can arise between disagreeing parents.

Child Contact Centres

It may be necessary for Child Contact Centres to be used where careful reintroduction of the child is required or where there are safety and security concerns. Contact Centres can be an extremely useful and positive way to re-establish a child’s relationship with a parent.

These sessions take place in a variety of neutral community venues equipped with facilities that allow children to develop and maintain relationships with non-resident parents or other family members. The following basic principles apply to Child Contact Centres:

• Impartiality: Staff and volunteers are available to assist.

• Monitoring: Evaluation of individual contacts and conversations where necessary.

• Shared Environment: Several family meetings take place together in one or a number of rooms.

• Trust-Building: Families are encouraged to develop trust and consider moving towards community-based venues over time.

A minority of Child Contact Centres offer fully supervised (as opposed to supported) contact.

At Red Bar Law, we evaluate your situation quickly and carefully to understand your unique needs and provide fast, accurate, and high-quality legal advice.

Please call us now on 020 7129 1424 or complete a Free Online Enquiry for a no obligation discussion about your needs.