Do I need a court order for child arrangements?
Not always. If you can agree arrangements with the other parent, you may not need a court order. However, if disagreements arise, a Child Arrangements Order can provide clarity and enforceability in the event of non-compliance.
What does a Child Arrangements Order cover?
A Child Arrangements Order sets out where a child lives, how much time they spend with each parent (including overnight stays, holidays and special occasions), and can include communication via phone or video call.
Can I stop my former partner from taking our child abroad?
Yes. If you are concerned about abduction or unauthorised travel, you can apply for a Prohibited Steps Order to prevent the child from being taken out of the country.
What is Parental Responsibility and who has it?
Parental Responsibility gives legal rights and responsibilities for a child’s upbringing. Mothers automatically have Parental Responsibility, and fathers do too, provided they are named on the birth certificate (after 2003) or married to the child’s mother. Others can apply for Parental Responsibility through the court.
What if my former partner will not agree to my child’s schooling or medical treatment?
You can apply for a Specific Issue Order to ask the court to decide on such issues. At Zeus Family Law, our expert solicitors help you present a clear, child-focused case supported by the correct evidence.
How does the court decide what is the child’s best interests?
Under the Children Act 1989, the child’s welfare is always the court’s paramount consideration. Factors include their needs, safety, emotional wellbeing, and wishes (depending on the child’s age and maturity).
Do I need to try mediation first?
Yes, in most cases you must attend a Mediation Information and Assessment Meeting (MIAM) before making an application to the court. However, there are exceptions to this requirement, including urgent cases, or those involving domestic abuse.
Can grandparents apply to see their grandchildren?
Yes, though they usually need permission from the court before applying for a Child Arrangements Order. Courts are now increasingly supportive of meaningful grandparent contact when it benefits the child.
What if my child does not want to see the other parent?
The court may take the child’s wishes and feelings into consideration, depending upon their age and maturity. However, the court will also look at why the child is refusing contact and whether any pressure or alienation is involved.
How long does a Child Arrangements Order last?
Typically, a Child Arrangement Order will last until the child turns 16 years old (or 18 years old in exceptional cases). However, it can be reviewed if circumstances change significantly.
