How Child Arrangements are Made During a Divorce in England and Wales: A Guide for Families
Introduction to Child Arrangements
Divorce is an emotionally challenging time for all involved, especially for children. As parents navigate the complexities of separating, it's crucial to prioritise the well-being of their children. This article aims to guide parents through the process of making child arrangements during a divorce in England and Wales, ensuring the best possible outcome for their children.
Understanding Child Arrangements
Child arrangements refer to both the informal agreements and legal orders regarding where a child lives and how they spend time with each parent and sometimes extended family, such as grandparents. Arrangements may be either negotiated formally or through the family court where they are now known as 'child arrangements orders,' replacing previous terms such as 'residence orders', ‘custody’ and 'contact orders.' These arrangements are governed by the Children Act 1989, which emphasises that the child’s welfare is the court’s paramount consideration.
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Initial Steps in Making Child Arrangements
Communication Between Parents
Open and honest communication with the other parent is the first step in making effective child arrangements. Parents should try to reach an agreement that serves the best interests of their child, keeping their needs and preferences in mind.
Mediation
Mediation is a valuable tool for resolving disputes without going to court. A neutral mediator helps parents discuss and agree on child arrangements. Mediation is often quicker, less stressful, and less expensive than court proceedings. You can find a qualified mediator through organisations such as the Family Mediation Council or through your family law solicitor. Individuals on a low income seeking mediation or legal advice may be eligible for legal aid to help cover the costs.
Legal Routes for Child Arrangements
Informal Child Arrangement Agreements
Many parents successfully reach informal agreements on child arrangements. These agreements work well when both parents are cooperative and focused on the child's best interests.
Consent Orders
A consent order can be applied for if parents reach an agreement and want to make it legally binding. A solicitor can help draft the consent order, which is then approved by the court.
Child Arrangements Order (CAOs)
When parents cannot agree, they may need to apply for a Child Arrangements Order (CAO). A Child Arrangements Order can determine who the child lives with, who they spend time with, and other specific issues. The application process involves completing a C100 form and attending court hearings. It is also important to consider how the child's time split between parents can affect child maintenance payments.
The Family Court Process for Child Arrangements
There are several types of court hearings in the child arrangement process:
First Hearing Dispute Resolution Appointment (FHDRA): An initial hearing to identify issues and explore settlement options.
Dispute Resolution Appointment (DRA): A follow-up hearing to attempt to resolve any outstanding issues.
Final Hearing: A detailed hearing where the court makes a final decision on child arrangements.
Many of these hearings can be conducted via phone or video call. It is important to prepare by ensuring you have a quiet, private space, a reliable internet connection, and all necessary documents ready.
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What Happens To Children of Unmarried Couples When They Separate?
In cases where parents aren't married but decide to separate, child arrangements are made in a similar manner to those for married couples. The primary focus remains the child's best interests, regardless of the parents' marital status. Parents are encouraged to reach an amicable agreement through open communication, addressing where the child will live and how they will spend time with each parent. If an agreement can't be reached, mediation is often the next step, offering a neutral environment to resolve disputes.
Should mediation fail, either parent can apply to the court for a Child Arrangements Order (CAO) under the Children Act 1989. The court then determines the child's living and contact arrangements based on the welfare checklist, ensuring the child's needs are prioritised. Regardless of marital status, both parents retain parental responsibility if they are listed on the child's birth certificate or have acquired it through other legal means, and they are encouraged to work together to maintain a stable and supportive environment for their child.
Factors Considered by the Court
Welfare Checklist
The court uses the welfare checklist from section 1 of the Children Act 1989 to determine the child's best interests, considering:
The child's wishes and feelings.
The child's physical, emotional, and educational needs.
The effect of any change in circumstances.
The child's age, sex, background, and other relevant characteristics.
Any risk of harm.
The capability of each parent to meet the child's needs.
The range of powers available to the court.
Practical Tips for Parents
Co-Parenting Strategies
Effective co-parenting is essential for maintaining a stable environment for the child. Parents should communicate regularly, be flexible, and make joint decisions about the child's welfare.
Communicating with Your Child
Discussing divorce and child arrangements with your child can be challenging. Use age-appropriate language, be honest, and reassure them that both parents love them and will continue to care for them.
Maintaining Consistency
Consistency and routine are vital for children during the transition. Keeping familiar schedules and routines can help provide a sense of security and stability.
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Resources and Support
Legal Advice
Seeking legal advice from a family law solicitor can help parents understand their rights and options. A solicitor can provide guidance and representation throughout the process.
Support Services
There are numerous support services available for parents and children, such as Relate, National Family Mediation, and Gingerbread. These organisations offer counselling, mediation, and practical support.
Prioritising your child's needs and maintaining a cooperative approach with your co-parent are crucial during a divorce. By seeking help and using available resources, you can navigate the process of making child arrangements smoothly and ensure the best possible outcome for your child.
If you need assistance with child arrangements or any aspect of family law, contact our experienced lawyers for a consultation on 020 7242 6000.
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