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Child Arrangements - Children Act

Child Arrangements Are Often A Worry for Divorcing or Separating Couples

We understand that your children and child arrangements are often your biggest worry when you separate or divorce, so you need a local family law team who are experienced in dealing with issues surrounding your children in a professional, supportive and sensitive manner.  This is where we come in.

Many couples, with the benefit of our advice, are able to make child arrangements without incurring the cost of legal proceedings. We can advise you about the types of arrangements that may work for your family and offer you guidance about what may be ordered by a court, if either of you were to apply.

If there are no disagreements about your children the court may not make any orders about them at all.

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Compulsory Mediation and Child Arrangements

From April 2014, anyone seeking to issue an application relating to issues surrounding children i.e where children will live and with whom they shall spend time, must, save in certain defined circumstances, attend a MIAM (Mediation Information and Assessment Meeting) prior to issue.  If one party is unwilling to mediate and/or the Mediator assesses the matter as unsuitable, then a Court application can be made.

If, as a last resort, one of you has to apply to the court, the main Orders which can be made are set out in the Children Act 1989:

Parental Responsibility:  a bundle of rights relating to the parenting of a child which enables you to have a say in important decisions about your child’s upbringing.

Child Arrangements Orders: these orders govern who a child shall live with and what period of time a child will spend with each parent.  These orders used to be known as a residence or contact order.  Historically, the term “custody” was used to describe this type of order.

Prohibited Steps:  preventing something from happening to a child e.g. removal from England to a foreign country.

Specific Issue: when a court is asked to decide about an important aspect of a child’s upbringing which the parents are in dispute over, for example, which school a child should attend.

Children Act proceedings can prove costly in terms of legal fees so it is important that you get cost effective expert legal advice.  Our team are on-hand and ready to help.

We Can Advise You On the Children Act and Child Arrangements

For advice and guidance please contact the family law team on 0113 320 5000 or email us at family@winstonsolicitors.co.uk

Research tells us that arrangements agreed between the parties are much more likely to succeed if they are made by agreement between the parents. However, where one parent does not agree to those arrangements we can suggest alternative ways of reaching a resolution for your children for example, you may need to try mediation, arbitration or ultimately court proceedings to help you sort these arrangements.

This is an order from the court setting out where children shall live and how they shall spend time with each parent.

Cafcass are the Children and Family Court Advisory Support Service and they are professionals who help the courts in children proceedings.

These are historical terms the court used to describe where a child lives and spends time with a parent. These are now called Child Arrangement Orders.

This is the First Hearing Dispute Resolution Appointment in children proceedings and will usually be the first hearing you attend at court in a children application.

Client feedback

Very easy to make an appointment, and the advice given was presented in a manner that a layman can understand and all questions answered to my satisfaction. have no hesitation in recommending if you need to use their service.
Anonymous
I moved my divorce to Teresa and Judith from another solicitor that I did not have confidence in and what a difference. Their sensitivity and understanding got me through one of the worst times of my life. Their guidance, support and knowledge through the whole drawn out process is so appreciated. Together we managed to achieve a fair settlement. Teresa and Judith absolutely know what they are doing. I cannot recommend them enough.
Pauline
Outstanding Legal Support from Start to Finish:From my initial call to the resolution of my case, the firm and its staff demonstrated exceptional professionalism and care. I would particularly like to commend Mrs Harriet Reid, a family solicitor whose dedication and expertise were instrumental in achieving a successful outcome.Despite having less than ten days to prepare, Mrs Reid devoted considerable time and attention to my case. Her legal knowledge, strategic insight, and empathetic approach were of the highest calibre. She displayed remarkable skill in preparing the case for my counsel, ensuring every detail was meticulously addressed.If I ever require legal representation again, I know exactly where to turn.
Anonymous
Teresa and Judith assisted with my recent divorce and i cannot rate them highly enough, i was talked through every aspect and everything was explained in full and i was kept fully updated and imformed of everything that i needed to do and when it was required for. Their patience when i was working away and understanding was especially appreciated.Once that was all complete Amanda and Samantha and the convayensing team sorted the transfer of the house and the paperwork associated with that.I would highly recommend them and thier company for any legal issues you have and would use thier services again without hesitation.
Richard J
Hannah at Winston helped me with filing the financial issues of my divorce to the court. She liaised with my ex husband as I was at a point I could no longer speak to him. I am very grateful to Winston’s and especially Hannah.
Anonymous
Was very satisfied with all the procedure of getting divorced was kept informed always through and explained all the legality in simple terms
Terry
Wendy Campbell who delt with my devorce was polite and understanding,very pefessional.I could not have ask for a better person to help me through the bad times. Always keeping me up to date with every thing and no problem she could not handle.
Andrew
My Divorce case was handled efficiently and with understanding by Teresa and Judith who guided me all the way through it with sympathy for the circumstances and I wouldn't hestitate to recommend them, infact I have already done so!
Elizabeth R
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