“What happens if child care arrangements cannot be reached, even after informal conversations and mediation?”
The last resort is to apply to the Court and ask the Court to make an Order which decides and organises child arrangements.
Child Arrangement Orders can confirm:
• Where a Child will live
• Whether there is shared care
• Visitation
• How often
• Length of visit
• Place of visit
However, in some cases agreement is reached at the very first hearing and an order made in the terms agreed.
Often, Orders can be very detailed. They can include holiday arrangements, school holidays, Christmas, New Year and birthday arrangements. They can also detail other issues such as whether a child should be allowed to live outside England and Wales, which school a child should attend and whether either of the parents are allowed to change a child’s name.
If court action is taken, and we or other solicitors represent you, then the legal fees can be high. This is because there is usually a lot of work involved in dealing with court proceedings relating to children. The solicitor’s role is to persuade the Judge, during hearings and in documents, that the arrangements you want are those that are in the child or children’s best interests.
However, in some cases agreement is reached at the very first hearing and an order made in the terms which have been agreed and the case is then over.
At all times during the process we (or your other representatives) will be promoting compromise when compromise is reasonable and in the best interests of the child or children. Compromise also helps to avoid costs escalating unnecessarily.
This article was written by Jeff Garland, a specialist solicitor in Divorce and Child Law. If you have any questions or need more help, please don’t hesitate to give Jeff a call or drop him an e-mail using the details below.
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