Understanding child arrangements
If separating spouses cannot agree on childcare, they can opt for a ‘child arrangement order’ from the court. This legally binding order details the child’s upbringing and care arrangements, putting responsibility on both parties to ensure the child’s welfare is not impacted following the relationship breakdown.
Before the court decides, it may ask the ex-spouses to try mediation to resolve the issues. If they come to an agreement, the order will be converted to a court order, and the case will come to an end. Irrespective of the route your case may follow, MRG Solicitors and our teams in Manchester and London will work to support your decisions, offering legal advice each step of the way. As Resolutions members, we adhere to their strict codes of conduct in order to deliver highly process legal services.
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What is a consent order?A consent order is a legal document that confirms your mutual agreement. It includes details on how the children are to be looked after. Both parents have to sign the draft consent order and get it approved by a judge. It is usually approved without a hearing and saves costs for both parties. If spouses cannot agree, further hearings will need to be held. A CAFCASS officer may spent time with the children and parents for a detail assessment and additional information may also be required. The court will then make a final decision on the arrangements, which is then recorded as an official, legally binding order. The consent order covers: Living arrangements The amount of time spent with each parent When and what types of contact can occur (such as phone calls)
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Applying for a court orderIf you cannot reach an agreement, then a family judge will decide: Which parent will raise the child How much time the other parent can spend with the child What the financial needs of the child are and how they will be met The child’s parents of anyone with parental responsibility can apply for a court order. This includes grandparents however, they will need to obtain permission from the court first before applying for a child arrangement order.
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What is parental responsibility?Parental responsibility pertains to the legal duties, rights, power, and authority that a parent or parental figure has for their child, i.e., their right to make decisions regarding their child. A mother always has parental responsibility. A father usually has parental responsibility if he’s either: Married to the child’s mother Listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in) Having parental responsibility does not mean that you are legally allowed to spend time with your children after separation. It only indicates that the custodial parent needs to receive your permission before making important decisions concerning the children. These include changing schools, moving abroad and other essential matters.
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What is a Specific Issue Order?A specific issue order covers how a child is brought up. This includes: The school they attend If they have a religious education or not Change of name You can also opt for a prohibited steps order to prevent the other parent or ex-spouse from making decisions in their regard.
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What happens if there is an order breach?If the other party breaches the court order already in place, we can represent you in court. We may also recover your cost of enforcement of order from the party who was in breach of the order.
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And find the right resolution for your own wellbeing and that of your family.