Children
Our specialist team at Hattin Solicitors have a wealth of knowledge and will work with you to achieve the best the results.
We recognise every client comes to us with differing dynamics and our advice is tailored to your problems to ensure we can make this journey as stress–free as possible.
Divorced parents often are unable to come to an agreement on what the arrangements with the children will be. In this case a Child Arrangements Order is very useful.
What is a Child Arrangements Order?
A Child Arrangements Order is an order where the court makes a decision regarding where the child will reside and how much time will be spent with each parent during the holiday.
When deciding on a Child Arrangements Order, the child’s welfare is the primary consideration. This welfare checklist takes into consideration the feelings of the child and seeks to consider what is best for the child.
Who can apply for a Child Arrangements order?
The mother, father or anyone else with Parental Responsibility is able to apply for a Child Arrangements Order.
What is the process in applying for Child Arrangements Order?
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Prior to making an application the parties will attending a mediation meeting. If the case isn’t suitable for mediation, the mediator will confirm this and this will allow for an application to be made at court.
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The application for a Child Arrangements Order is made on the form C100. The Applicant will serve the paperwork on the other party at least 14 days prior to the first court hearing.
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Child and Families Court Advisory and Support Service (CAFCASS) will start making safeguarding enquiries with the police and social services. Both parties will have a conversation with CAFCASS raising any concerns.
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At the first hearing is called The First Hearing Dispute Resolution Appointment (FHDRA). The Court will try to encourage the parties to resolve the matter by mutual agreement. If this is not possible, the court will make directions as to how the case will proceed. The Court may decide for further hearings and further written evidence to be served by both parties. The court may order for a CAFFCASS report if allegations of abuse are made.
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Once directions have been followed a CAFCASS report is received. The courts will encourage for an agreement to be reached based on the CAFCASS report. If the court is successful, a final order is made. However if there continue to be disagreements between the parties further evidence may be directed and there will be a final hearing.
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At a Final Hearing the judge will listen to all evidence and make a decision for a final order for the arrangements for the children.
What will happen if the other party breaches the Child Arrangement Order?
The court has several powers available to them when considering how to enforce the order. The court will consider for what reasons the breach has been made.
The court may order for:
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A referral to mediation of a Separated Parents information Program;
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Unpaid work;
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A fine;
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A variation of the court order or a
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Compensation for financial loss.
