Child arrangements after divorce

09 Sep Child arrangements after divorce – finding a way that works for your family

Posted at 00:00h in Family Law by

Facing divorce or separation is a challenging time, and making decisions about your children’s future can be the most difficult part. Reaching an agreement on where your children will live, how much time they will spend with each parent, and how you will co-parent is vital for their stability.

Vyonne Manuel, family law solicitor at HRJ Foreman Laws Solicitors in Hitchin explains the three routes to an agreement and the legal process.

The three routes to an agreement

There are three primary routes to securing child arrangements after a separation, each with its own level of legal formality and security.

  • Informal agreement – This is a simple, non-legal arrangement based on trust and communication between parents. It is the most flexible route, but it is not legally binding. If an informal agreement breaks down, it is not enforceable in court.
  • Consent Order – This is a legally binding court order based on a mutual agreement between parents. It provides certainty and legal enforceability without the need for a contested court process.
  • Child Arrangements Order – This is a legally binding court order made by a judge. It is the route to take when parents cannot reach an agreement. A judge will decide the arrangements for your children after hearing from both sides and potentially other professionals such as CAFCASS.

The process for a Consent Order

If you and your former partner can agree on the child arrangements, you can formalise this with a Consent Order. This process is more collaborative than going to court and involves a few key steps:

  1. Reach an agreement – The parents first reach a clear agreement on all the details of the child arrangements. This can be done directly, through mediation, or with the support of your respective solicitors.
  2. Drafting the Order – Your solicitor will then take your mutual agreement and draft it into a formal, legally precise document called a Consent Order.
  3. Court approval – The drafted Consent Order is submitted to the court with the relevant court fee. A judge will review the document to ensure the agreement is in the best interests of the child/children. If satisfied, the judge will approve it, and it becomes a legally enforceable court order.

The process for a Child Arrangements Order

When it is not possible to reach an agreement, a court application may be necessary to secure a formal Child Arrangements Order.

Before the court will accept your application, you must attend a Mediation Information and Assessment Meeting (MIAM), (unless you meet the exemption criteria outlined on the government website.) This is a crucial step to explore whether an out-of-court solution is still possible.

If mediation is unsuccessful, your solicitor can file a formal application with the court. When a court considers a case, its paramount consideration is the welfare of the child.

It will take the following into account:

  • The wishes and feelings of the child concerned (considered in light of their age and understanding).
  • The child’s physical, emotional, and/or educational needs.
  • The likely effect on the child of any change in their circumstances.
  • The child’s age, sex, background, and any characteristics of theirs which the court considers relevant.
  • Any harm which the child has suffered or is at risk of suffering.
  • How capable each of the child’s parents are, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs.
  • The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Changing an existing Order

Life circumstances change, and an existing order may no longer be suitable for your children’s needs. A solicitor can provide guidance on your options for changing any existing formal court Orders.

If an amicable agreement cannot be reached, your solicitor can apply to the court on your behalf for a variation of the existing order. The court will only approve this if there has been a significant change in circumstances since the original order was made and it is in the best interest of the child/children.

Seeking legal advice

Whether you formalise an agreement you’ve already reached or need to go to court to resolve a dispute, there are clear legal routes to securing your children’s future. Understanding the distinctions between an informal agreement, an agreement by consent which has been endorsed by a court, and a Child Arrangements Order is the first step towards finding a solution that provides your family with clarity and stability.

For more information

When can a C100 application for a Child Arrangements Order be heard urgently?

Child arrangements legal services

Video – Mediation and child inclusive mediation

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