Child contact arrangements – getting it right from the outset
Child contact arrangements can be hard to negotiate during a stressful divorce or separation. It can be hard to agree where and when the child will spend time with each parent when emotions are running high. Keeping the ‘best interests of the child(ren)’ at the heart of negotiations from the outset can really help minimise future disputes.
Who makes the decision on child arrangements?
A child has the right to spend time with all who have parental responsibility. It is the child’s right that matters not the parents’. A mother automatically has Parental Responsibility for her child from birth. A father will usually have parental responsibility if he’s married to the mother or listed on the child’s birth certificate. Same-sex partners will both have parental responsibility if they were civil partners at the time of the fertility treatment.
Establishing a Parenting Plan
Whilst a Parenting Plan is not legally binding, it is a good place to start when working out child arrangements. It can cover issues such as:
- Place of residence – where the child lives, how care is shared, how changes are made to that arrangement
- Holidays – childcare during school holidays, taking a child abroad etc
- Education choosing and providing for the child’s education
- Healthcare & medicines medical treatment
- Birthdays and special events – how special events will be dealt with
- Expenses and costs – maintenance payments, handling of one-off significant expenses.
Making the arrangements legally binding
To make your parental arrangements legally binding, it is sensible to seek early legal advice. A Family Law specialist can help you draft an appropriate consent order. If both parents agree the detail of the order, it will be signed by both of you and can go to the court to be approved. There will be no need for a court hearing, and you won’t need to attend mediation.
What if you can’t agree?
If you cannot agree arrangements between you, then you can still make an application to court. You will need to attend a MIAM (Mediation Information and Assessment Meeting) prior to making any court application on a parenting, financial, or property matter. The possible orders include:
- Child arrangement order that covers where the child will live, when and where they will spend time with each parent, and what type of contact will take place and when (eg phone calls)
- Prohibited steps order – usually to prevent the other parent from exercising some element of their parental responsibility
- Specific issue order – looks at a specific issue, such as what school the child should attend
If you are in dispute over child contact arrangements, read our blog, and speak to one of Bird & Lovibond’s specialist Family Law team.