Child Arrangements Order
What is a child arrangements order?
Child Arrangement orders, previously known as ‘residence and contact orders’ are made under Section 8 of the Children Act 1989. They are usually made by a parent to settle arrangements of who a child is to live with, spend time with or otherwise have contact with.
Each circumstance is different, and everything is considered to determine what is in the best interests of the child/children.
What is a child arrangements order?
Contact means but is not limited to;
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Direct contact;
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Indirect contact via telephone, letters, cards;
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Supervised contact;
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Overnight contact.
What is a MIAM and do I need to attend this?
A MIAM is a Mediation Information Assessment Meeting. This is when a qualified professional known as a mediator is present to help parties reach an agreement.
You must show that you have attended mediation before you can apply to the courts for a child arrangements application. You are exempt in certain situations – contact us today to discuss this.
When should I apply for a Child Arrangements Order?
If you and your ex-partner can agree about your child arrangements, there is no need to complete any legal paperwork; you can simply write down the details of what’s been agreed in a parenting plan. However, should you wish to make this legally binding then we advise that you contact us today and one of our family solicitors will be in touch to help assist you.
In the circumstances that you and your ex-partner are unable to reach an agreement, or one parent is unreasonably withholding contact then it is necessary that you file a child arrangements application with the court.
FAQs
01
Can I apply for an urgent application?
There are certain situations whereby a parent may apply for an urgent application with the courts. Please contact our solicitors today to discuss whether this is right decision for you.
02
How long can a child arrangements order in force for?
The arrangements within a child arrangements order remain legally binding until the child reaches the age of 16 unless the order specifically states otherwise.
03
How long does it take to obtain a child arrangements order?
There is no fixed time frame to obtain a child arrangements order. It depends on numerous factors such as whether you settle the case part way through, how many court hearings are required, complexity of the matter, professional bodies involvement or whether you need a final hearing.