Child arrangements are the decisions made (sometimes by a court, sometimes more informally) about where children live and how much time they spend with each parent following a separation or divorce.  Family law solicitor Tegan Pownall discusses the most common problems which can arise around child arrangements and what to do about them.

Feeling let down

It can be infuriating (not to mention distressing and upsetting for children) when one partner repeatedly does not comply with child arrangements made between the parties.  Some conflict may stem from financial disagreements, but practical and logistical issues can be just as fraught. Perhaps one parent doesn’t pick up the children when they said they would, changes plans at the last minute, or doesn’t ensure that the children’s school uniforms or PE kits are clean and ready when needed.

The best interests of the child

As co-parents, you need to be able to trust each other to be acting in a manner which as the best interests of the child at heart.  Of course, genuine mistakes do happen, and unexpected or unavoidable events may require some flexibility. However, there is a clear difference between this kind of situation and a simple lack of care.

Additional legal support with child arrangements

It’s important to consider less confrontational options, such as mediation or the use of a parenting app, before pursuing a more formal resolution, such as court applications. However, if you feel that additional legal support is necessary, we can help offering advice on contact and assistance with implementing appropriate legal solutions.

Court orders to resolve issues with child arrangements

Child arrangements can be made either through parental agreement, mediation, or if necessary, a court order.  However, if issues arise with the general child arrangements, which were put in place following your decision to separate or divorce, you may need to consider putting in place some more specific orders to address the problems.  These might include specific issue orders or prohibitive steps orders.

• Specific issue orders cover one particular issue which needs to be addressed in detail.  Examples might include which school the child is to go to, medical treatment a child can receive (such as vaccinations), which countries the child can be taken to on holiday or for relocation and whether their surname can be changed.
• Prohibitive steps orders are intended to protect a child’s best interests to ensure that certain actions are not taken without autorisation to safeguard the child’s welfare. Examples might include preventing the child from being moved across the country, or taken out of the country or from seeing a new partner or relative.

Rights regarding children for separated unmarried parents

We often receive enquiries about child arrangements from parents who have separated but were never married. Unmarried parents may not always have the same legal rights as married parents, so it is important to understand whether you have parental responsibility.

Child arrangement orders (and the other orders mentioned earlier in this blog) can only apply to parents who have parental responsibility for the child, regardless of whether they are ever married.

Parental responsibility gives you legal authority over key decisions in your child’s life, such as which school they attend, what medical care they receive, and other important matters.

In essence, parental responsibility covers the legal rights, duties, and authority a parent has in relation to their child, including providing a home, ensuring their protection, and making decisions about their education and medical care.

Whilst, mothers automatically have parental responsibility, a father who is not married to the mother will only have parental responsibility if he is named on the child’s birth certificate, it has been court ordered, or the parties have agreed to it.

Get in touch
If you would like to speak to us about child arrangements or any other aspect of family law, our friendly and experienced team would be pleased to hear from you.  You can reach us on 01872 241408 or email info@penderlaw.co.uk