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Child Arrangements Orders Frequently Asked Questions

The old “Residence” and “Contact” orders have been replaced by the Child Arrangements Order.

This is a change in emphasis to encourage parents to focus on the arrangements that are made for their children rather than the label given to it.

Child Arrangements Orders are defined as an order regulating arrangements relating to any of the following:

  • With whom a child is to live, spend time with or otherwise have contact
  • When a child is to live, spend time or otherwise have contact with any person.

The two main issues that parents will encounter are therefore still the question of where a child will live or reside and then the time they will spend with the parent that they do not live with.

How would a judge decide which parent a child would live with?

The judge will look at what would be in the best interest of the child. The court does take into account other factors including which parent the child wishes to live with and the ability of each parent to look after the child.

Is it possible for a child to live with both parents on a part time basis?

Yes it is possible however the parents must agree this amongst themselves, the court will almost always approve this.

If the parents cannot agree amongst themselves the court will make a decision to determine the issue.

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children.  Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this.  Going to Court should always be the last resort where children are involved.

What happens about parenting and finance arrangements with a no fault divorce?

These are separate areas of your divorce and are not covered under the no fault divorce law. You will need to reach an agreement on how you are going raise your children whilst living separately and also agree on a fair division of your assets and any ongoing payments.

If you are struggling to agree between yourselves, family mediation is the next step as it is a pre-requisite for going to court for a decision in most cases. But there are also other options outside of court if mediation breaks down or is not suitable for your situation.

What are Parental Responsibility Agreements?

Married mums and dads have Parental Responsibility, which covers decisions about the child’s day-to-day welfare and education. Each parent can apply individual parental responsibility to most situations without approval from the other parent. However, some situations will require discussion and agreement, such as the decision of which school the child will attend, and taking the child abroad for either a short holiday or a longer period.

If there is no Child Arrangements Order with a residence element in place, removing a child from the jurisdiction cannot be done without the consent of the other parent or anyone else with parental responsibility. If necessary, Banner Jones can help make the relevant emergency application through the Court for the return of the child or children.

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