Child Arrangement Orders

When agreement cannot be reached the Court is there to assist you in recording arrangements for the children. However, the Court cannot replace effective communication between you and your ex-partner. This is something that will need to be prioritised and worked upon by you both in the interests of your children.

Within any court proceedings the parties are encouraged to attend a Separated Parents Information Programme (SPIP) which can often help see the effects of separation on the children and provide tools to help assist with communication and co-parenting in the future.

The paramount consideration of the Court within any child arrangement proceedings is the welfare of the child. When a Court considers any question relating to the upbringing of that child it must have regard to a specific welfare checklist.

One of the considerations in the checklist is the wishes and feelings of the child. In some cases these are explored in detail with a Court appointed officer from CAFCASS (Children and Family Court Advisory and Support Service). However, this will be dependent on the issues in the case and of course the age and understanding of the child.

Any domestic abuse is taken very seriously by the family Courts and will be a major consideration in any proceedings. These issues should be flagged with CAFCASS at the early stages to enable a safeguarding assessment to be undertaken. If you need advice regarding a domestically abusive relationship and the options available to you please see our information on domestic violence injunctions.