Child Arrangements

When parents separate, one of the most important issues to resolve is how arrangements for their children will work going forward. We understand that as a parent you know your children better than anyone else and are best placed make decisions in the best interests. During divorce or separation, there may be times when you need guidance and support to ensure their needs are met.

We can advise on a wide range of issues relating to children. We take the time to understand your concerns so that we can work towards the best outcome for you and your family.

We recognise that child arrangements can be an extremely sensitive topic. To help understand the options available to you we offer a confidential one hour initial meeting for a fixed price of £165 + VAT.

What Is a Child Arrangements Order?

A Child Arrangements Order is made by the Family Court under the Children Act 1989. It regulates where a child lives, how much time they spend with each parent, and how they maintain contact with other significant people in their life.

The order can cover one or both of the following:

• Living arrangements – specifying who the child lives with and whether this is on a sole or shared basis.
• Contact arrangements – detailing when and how the child spends time with the other parent, including weekends, holidays, overnight stays, and indirect contact such as phone or video calls

When Is a Child Arrangements Order Needed?

Not all families require a court order. Many parents are able to agree arrangements informally or through mediation. However, a Child Arrangements Order may be necessary where:

• Parents cannot agree on where the child should live
• There are disputes about contact or the frequency of time spent with a parent
• One parent is not complying with agreed arrangements
• There are concerns about the child’s welfare or safety
• A parent wishes to relocate with the child

The court will only make an order if it considers that doing so is better for the child than making no order at all.

How Does the Court Decide?

The court’s primary concern is always the best interests of the child. Judges apply the welfare checklist set out in the Children Act 1989, which includes:

• The child’s wishes and feelings (considered in light of their age and understanding)
• The child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• Each parent’s ability to meet the child’s needs
• Any risk of harm

The court does not start from a presumption that one parent is more important than the other. Each case is assessed on its own facts.

The Role of Mediation

Before making an application to court, most parents are required to attend a Mediation Information and Assessment Meeting (MIAM). Mediation can often help parents reach practical, child-focused agreements without the need for contested court proceedings, saving time, cost, and stress.

There are exceptions to this requirement, such as cases involving domestic abuse or urgency.

How We Can Assist

We understand that disputes about children are emotionally challenging and require careful, sensitive handling. Our role is to provide clear legal advice while keeping the focus on achieving the best possible outcome for your child.

We can assist you by:

• Advising on your legal position and options from the outset
• Supporting you through mediation or alternative dispute resolution
• Drafting and negotiating child-focused parenting agreements
• Preparing and issuing applications for Child Arrangements Orders
• Representing you throughout court proceedings
• Assisting with enforcement or variation of existing orders

Where possible, we aim to resolve matters amicably. Where court intervention is necessary, we provide robust and practical representation.

Putting Children First

Every family is different, and there is no one-size-fits-all solution. Our approach is tailored, pragmatic, and always centred on the welfare of the child. We will guide you through the process with clarity and professionalism, helping you make informed decisions at every stage.

If you require advice about Child Arrangements Orders or need support resolving arrangements for your children, we are here to help.

We also offer a confidential one hour initial meeting for a fixed price of £165 + VAT.

Please contact us on 01394 388 411 for further information or email: michelle.chemli@marshallhatchick.co.uk