Child arrangements following a Divorce or Separation – The Process
In the case that your relationship has broken down and children are involved, it should be remembered that this will have an inevitable impact on them. Every situation is indeed different, and each family will wish to act in the best interests of the child. Therefore, coming to Child Arrangements will allow you to make effective decisions about the child’s upbringing.
What are Child Arrangements?
Child Arrangements can be informal (non-legal) or formal (legal) agreements concerning where a child lives and who they can have contact with following the breakdown of their parents’ relationship.
My ex-partner and I wish to make Child Arrangements
If you and your ex-partner are able to agree on where the child will live and the contact time they will have with either parent, you can usually have an informal agreement to affect your standing – this can take the form of a Parenting Plan. If you wish to make your informal agreement a legally binding one, you can use a solicitor to assist you with the relevant paperwork.
The paperwork consists of drafting a ‘consent order’ to ensure the agreement is legally binding agreement. A consent order is a legal document that confirms your agreement. It usually encompasses details such as where a child will live, when they will spend time with each parent and what other types of contact may take place (i.e. internet/telephone). This consent order will need to be approved and signed by both you and your ex-partner. Once this document is sent to the Court, there typically is no Court hearing. A Judge will simply approve your consent order to make it legally binding if they believe its contents are made in the best interests of your child.
If a Judge does not believe the contents of the consent order to be in the children’s best interest, they reserve the right to change the consent order or to make a different court order to decide what is best for them.
My ex-partner and I don’t agree with the terms of the Arrangements
In the common event that you and your ex-partner are unable to come to an agreement on your own concerning the child’s interests, a mediator can help you both agree on child arrangements, without taking sides. Mediation is a structured and interactive process where a neutral third party assists disputing parties in resolving conflict through the use of communication and negotiation techniques. As such, a mediation session can help you come to an informal agreement covering details such as where the children will live and when contact sessions will take place. It should be noted however that what you agree in mediation is not legally binding unless you get a solicitor to draft a consent order for a court to approve.
If you and your ex-partner are outright unable to agree on everything concerning your children, you can request the Court to make decisions on terms which have not to be agreed upon or apply to the Court for various types of Orders concerning the child’s upbringing. However, before being able to do so, you will be required to attend a mediation session to show the Court you had attempted to resolve your issues.
Benefits of private child maintenance agreement
- It can help you to maintain a cordial relationship with the other parent.
- Gives you added flexibility – e.g. you can agree with you how much you need to pay, and when to make payments.
- If your financial circumstances change, you can adjust your arrangement with immediate effect, as long as the other parent agrees.
- The ways in which you make payments may be flexible – e.g. you may wish to make payments in the form of new shoes or school uniforms for your child instead of cash.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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