FREE TELEPHONE ADVICE
The Free 10 minute telephone clinics are open to anyone seeking advice in relation to a relationship dispute involving finances or children or both. Solicitors, Paralegals and Direct Access clients welcome. Clinics are between 5pm - 6pm every week day evening. To book a slot please contact my clerk Nick on 0113 227 0708 or email njd@stpaulschambers.com
Free Telephone Clinics are now being offered by Family Barrister Andrew Nixon.
CHILD ARRANGEMENT ORDERS (Previously RESIDENCE AND CONTACT Orders)
Parents have rights, responsibilities and obligations in relation to their children. Sometimes when parents break up one or both of them tend to focus on their rights more than their responsibilities and obligations. Whilst this is very natural, one of the main problems with a parent adopting this approach is that considerations about what is in the child’s best interests can stop being the main focus.
When one parent is focusing more on their rights rather than what is in the best interests of the child, communications between both parents can become strained, difficult and too often nonexistent. Arrangements about who will care for the child on a more permanent basis (Who the child lives with) and who will see the child and when (Contact) unfortunately become ‘opportunities for arguments’ or ‘a show of strength’.
If parents seek good legal advice early on about residence and contact issues, they will often find ways of reducing the hostility and bitterness and of getting sensible arrangements in place without the need to go to Court.
There are of course going to be situations where despite the best intentions of one parent, sensible arrangements cannot be put in place because of the actions of the other, and in these situations the matter may need to go to Court to be resolved.
If the matter goes to Court it is useful for both parents to have the following in mind:
- In deciding questions of Residence and Contact, the Welfare of the Child is the Court’s PARAMOUNT consideration.
- Disputes about which parent the child should live with (previously referred to as RESIDENCE or CUSTODY) can be settled by making an application to court (on a Form C100 which can be downloaded from the internet) for a Child Arrangment Order.
- The same form is used to make an application for Contact.
- A child has a right to Contact.
- There is a presumption of contact unless there are very good reasons against it (e.g. there is a real and significant risk associated with letting the other parent have contact).
- The Court’s options can be to make:
- A Child Arrangement Order stating who the child lives with;
- A Child Arrangement Order stating who the child spends time with or otherwise has contact with;
- An Order stating that there should be No Contact;
- No Order
- Domestic violence is a serious factor to be considered by the Court, but it is not an automatic bar to contact.
If you want any further information please call 0113 227 0708 to find out more.