Child Arrangement

At MRG Solicitors, We Have Extensive Experience Advising And Aiding Clients Applying For A Child Arrangement Order.

If separating spouses cannot agree on child care, they can opt for a ‘child arrangement order’ from the court. The legally binding order details the child’s upbringing and care arrangements.
Before the court decides, it may ask the ex-spouses to try mediation to resolve their issues. If they come to an agreement, the order will be converted to a court order, and the case will come to an end.


What is a Consent Order?

A consent order is a legal document that confirms your mutual agreement. It includes details on how the children are to be looked after, such as their:

  • Living arrangements
  • When they will spend time with each parent.
  • When and what types of contact can occur (such as phone calls).

Both spouses have to sign the draft consent order and get it approved by a judge. It is usually approved without a hearing and saves costs for both parties.

In case the spouses cannot agree, further hearings are held. A CAFCASS officer may spend time with the children and parents for a detailed assessment. Additional information may also be required. The court will make a final decision on the arrangements, which is then recorded as an official, legally binding order.


Applying for a Court Order

If you cannot reach an agreement then a family judge will decide:

  • Which parent will raise the child?
  • How much time the other parent can spend with the child?
  • What are the financial needs of the child and how they will meet them?

Our expert Family Law Solicitors will represent you in court and guide you at every step we take. We can also represent you in court if the other party breaches the court order already in place. We may also recover your cost of enforcement of an order from the party who was in breach of the order.

Who Can Apply For A Child Arrangement Order?

The child’s parents or anyone with parental responsibility can apply for a court order. This includes grandparents, but they have to get permission from the court first before applying for a child arrangement order.


What is Parental Responsibility?

Parental responsibility pertains to the legal duties, rights, power, and authority that a parent or parental figure has for their child, i.e., their right to make decisions regarding their child.

A mother Always has a parental Responsibility. A father usually has parental responsibility if he’s either:

  • married to the child’s mother
  • listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)

Having parental responsibility does not mean that you are legally allowed to spend time with your children after separation. It only indicates that the custodial parent needs to receive your permission before making important decisions concerning the children. These include changing schools, moving abroad, and other essential matters.


What is a Specific Issue Order?

A specific issue order covers the child’s upbringing, i.e., how they are to be brought up. This includes:

  • The school they attend.
  • If they should have a religious education or not.
  • Change of name.

You can also go for a ‘prohibited steps’ order to prevent the other parent or ex-spouse from making decisions in this regard.


How MRG Solicitors can Help

When it comes to child arrangements, advice and aid from skilled solicitors can prove invaluable. We are Resolution members so we adhere to the code of conduct of Resolution in order to deliver highly professional legal services. Get in touch with us for a free initial consultation today!

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