We can provide help with resolving ‘living’ and ‘spend time with’ arrangements for your children. This area of the law was previously known as ‘residence’ and ‘contact’.
When your relationship breaks down one of the most difficult matters to resolve may be how much time your children will spend with each parent.
Trying to reach an amicable solution which focusses on your children’s best interests is ultimately what each parent is probably trying to achieve. Unfortunately sometimes parents have differing views on what arrangements will be best for their children.
If you have exhausted alternative dispute resolution methods such as mediation, direct discussion and negotiations via solicitors you may have to seek the assistance of the Family Court. This should be the last resort and attendance at a mediation information and assessment meeting (MIAM) is usually required before making an application to the Family Court.
You may have heard it referred to as custody but this is not a term that is used in the Children Act 1989 which sets out the law in this area. You will need to make an application for a Child Arrangement Order. This type of order will determine who the child spends time with and how frequently.
The Children Act sets out that ‘the child’s welfare shall be the Court’s paramount consideration.’ One of the most crucial part of this legislation is the welfare checklist at s1(3) which provides a list of things that the Judge has to have regard to when making an order.
If you are considering making this type of application then we suggest you contact us on 01632 960214 to discuss your options and make sure you are fully prepared.