Child Arrangements
Child Law Solicitors
Rose & Rose
Child Arrangements
If the parties cannot agree on children arrangements, then the court can be asked to settle the dispute. Mediation must be considered as the first option.
The Children Act 1989
Under the Children Act 1989 the court has power to make several types of order in respect of children arrangements. Such orders settle disputes about where a child will live and when a child will spend time with the other parent. The court can also make a prohibited steps and specific issue orders. A prohibited steps order limits when certain parental rights and duties can be exercised. A specific issue order contains directions to resolve a particular issue in dispute in connection with the child.
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Making a Child Arrangements Order
When considering making an order under the Children Act 1989, the court will give the following three principles the highest priority:
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The child’s welfare is of the paramount importance;
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The court shall have regard to the general principle that any delay is likely to prejudice the welfare of the child; and
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The court shall not make an order unless it considers that doing so would be better for the child than making no order at all.
Issues in relation to the child’s upbringing can be resolved in three ways:-
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By agreement between the parties;
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By means of ‘alternative dispute resolution’– this encompasses a wide range of possible alternatives to the court process to assist parties to resolve all matters in dispute in a dignified and respectful way; for example mediation;
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By court order.
Child Arrangement Order Solicitors
Our Family Solicitors are experienced in all matters relating to child arrangements, and Chrildren Law. For empathetic, professional advice for your specific matter, please contact a member of our team or email info@roselegal.co.uk to arrange an initial consultation to discuss the best way forward for you and we will provide you with further and specific advice tailored to your circumstances.
Meet the team
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Zubair Dharamsi
Gowsigan Gnanakumaran
Samet Eryurur
Olivia Minza-Clark
Maisa Riazi
Financing your legal fees
We understand that the cost of legal proceedings can be a concern, particularly when circumstances change unexpectedly. For eligible clients, funding may be available through Untangled, a specialist provider of family law loans. Their funding can be used towards legal fees, helping you access the legal support you need without having to meet the full cost upfront. Applications are subject to eligibility, status and affordability checks, and approval is not guaranteed. If you would like to find out whether funding could be an option for you, speak to a member of our team.
Ampla Consumer Finance Limited, trading as Untangled, is authorised and regulated by the Financial Conduct Authority for Consumer Credit (FRN 792153). Credit is subject to status and affordability checks. Terms and conditions apply.
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Frequently Asked Questions
A Child Arrangements Order (CAO) is a legal document issued by a Court in the United Kingdom which outlines the arrangements for a child(ren).
A Child Arrangements Order can cover various aspects, including:
Residence: Specifying with whom the child will live.
Contact: Outlining the details of the non-resident contact arrangements with the child.
Specific Issues Orders: Dealing with a specific aspect of parenting, such as schooling, medical treatment or religious upbringing.
Prohibited Steps Orders: Preventing a parent from taking certain actions without the Court’s permission.
What is a Specific Issues Order?
In most cases, no. If both parents have parental responsibility, you will need the written consent of everyone with parental responsibility before a surname change can be legally recognised.
Mediation provides a neutral space where parents and family members can discuss sensitive topics such as child arrangements, living arrangements, and maintenance without the pressure of court proceedings. The mediator helps ensure that the children’s best interests are at the forefront of discussions, guiding both parties toward fair and balanced agreements that suit their family dynamics.
Yes, children’s voices can sometimes be included in the mediation process, particularly if they are old enough and mature enough to express their views. The mediator may suggest involving a separate professional, such as a child consultant, to ensure the child’s feelings are considered. However, the focus of mediation will always be on creating the best possible outcome for the child’s welfare.
Child Law Solicitors in Kingston
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