Latest insights from our experts

Posted 23 March 2016
by Aimee Aspinall

Child Arrangement Solicitors

One of the most common enquiries we receive relates to access to children. If you have separated from your partner, divorced or ended your civil partnership then arrangements regarding your children will need to be made.

It is preferable if parents can agree arrangements between them. If this is possible then any such arrangements can be recorded in a document known as a Child Arrangements Agreement which will record who the child is going to live with and when they will spend time with the non-resident parent as well as child maintenance and other payments, for example school fees.

If you are not able to reach an agreement then you can attend at mediation to discuss suggested arrangements. If you are not able to reach agreement during mediation then it is open to either party to refer the matter to the court. Before you can apply to court you must be able to prove that you have, at the very least, considered mediation unless an exception applies.

When making an application for a Child Arrangements Order you are asking the court to decide:

  • Where your child(ren) will live
  • When your child(ren) will spend time with each parent
  • When and what other types of contact e.g. phone calls will take place

Child Arrangements Orders replace the old Residence and Contact Orders. If you already have one of these orders then you do not need to re-apply to the court.

In some cases you may need to apply for a Specific Issue Order. These orders deal with a specific issue relating to your child’s upbringing and can include what school your child will attend and if they should have a religious education.

The child’s mother, father or anyone with parental responsibility can apply for a court order.
If you are experiencing difficulties in agreeing arrangements for your child(ren) then contact our specialists today to arrange a free, no obligation consultation.






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About the author

Aimee Aspinall

Chartered Legal Executive

Chartered Legal Executive in the Exeter family team