FAMILY LAW - CHILD ARRANGEMENT ORDERS
EXPERTS IN ALL ASPECTS OF FAMILY LAW
We appreciate that when parents separate often their children will be affected by their parents separation such as where the child shall live and how long your child shall spend with the other parent. These types of orders have been widely referred to in the past as “residence” and “contact” orders.
In the event the parents are unable to reach an agreement, it may be necessary for one parent to make an application to the court for an order to resolve the issue in dispute. To apply for a court order, the parent will need to have parental responsibility for the child.
“Parental responsibility is described as all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his or her property. The child’s mother will automatically have parental responsibility by virtue of the child’s birth. The child’s father will have parental responsibility by either being married to the mother, named on the child’s birth certificate (for births registered after 1st December 2003), or having entered into a parental responsibility agreement with the mother and or by order of the court”.
For parents that do not have parental responsibility they must first seek permission of the court before issuing there application.
There are four main types of Orders in relation to Children Act Proceedings:
1. Live in Order:
This order sets out as to which parent the child should live. It is also possible to have a shared live in order agreed between the parents.
2. TIME STAMP ORDERS
This order requires the parent were the child shall live to facilitate time spent with the other parent, whether that be by visitation or overnight stays. This order will often set out the arrangements on a defined basis.
3. SPECIFIC ISSUE ORDERS
This order requires the parent were the child shall live to facilitate time spent with the other parent, whether that be by visitation or overnight stays. This order will often set out the arrangements on a defined basis.
4. Prohibited Steps Orders
This is an order that prevents one of the parents from doing something which is not consistent with the child’s welfare such as preventing a child from being abducted, being moved to another jurisdiction or preventing the change of a child’s name.
In most cases these types of orders will be made on an emergency basis so as to preserve the status quo, until such time as the court is able to determine the issues before deciding and order to which is in the best interests of the child.
It many cases the parents will have considered the future arrangements for their child at the time of the party’s separation and then seek for the same to be either drafted into a Deed of Separation or Child’s Written Agreement. Thus, preventing the need for the courts intervention.
Please feel free to contact our family team on TBC to arrange an initial consultation and or email our enquiries line on TBC.
