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Arrangements for Children
For separating couples with children, one of the most important factors is the impact the separation this will have on their children. Both parents will want to ensure that their children’s needs are met, both in terms of financial provision and their emotional wellbeing.
Maintaining contact with both parents and making the process as painless as possible for all concerned is important. Many couples are able to reach an agreement on the care arrangements for their children but when this isn’t possible, we can advise on a range of issues including parental responsibility and appropriate living arrangements.
Child Arrangement Orders
Child arrangements orders can be applied for to set out which parent a child will ‘spend time with’ or ‘live with’ . This can include arrangements both during term time and school holidays.
There are also other types of orders which can be considered for specific circumstances.
A specific issue order may be considered if there are key elements of the child’s upbringing which need to be decided and parents cannot reach an agreement. This could include which school they should attend and issues relating to medical conditions such as treatments for specific illnesses and how this is managed.
A prohibitive steps order is used in cases where there are concerns around key decisions which one parent wishes to make and the other does not agree. This could involve preventing a parent from removing the child from the country, their school or from that parent’s care. These orders can be issued on an emergency basis if there is a concern that, for example, a parent is about to leave the country without the other parent’s agreement.
We would always recommend trying to reach an agreement about the arrangements for your children as early as possible in a separation to ensure consistency and stability for the children. If you are unable to agree on arrangements, we are experienced in helping clients apply for appropriate orders from the Court so we can discuss the best options for you.
Relocation
In some situations, one parent may look to relocate following a divorce or separation. They could be looking to moving to be closer to their wider family at what is a very difficult time, following business or work commitments or simply be looking for a fresh start. This could be within England and Wales or further afield to an overseas jurisdiction.
If one parent decides to relocate within the UK and the other parent opposes this, it is possible for apply to the court for a an order to determine whether the relocation should happen.
If the relocation is to an overseas jurisdiction then the parent must either have written permission from anyone who has parental responsibility for the child or apply to the court for permission to move overseas.
We are experienced in advising clients on these types of issues so, if you are looking to relocate, please contact us for advice.
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