Child arrangements orders (sometime called custody)
Formal arrangements for your children
A child arrangements order is an order from the Court setting out arrangement for where your child will live and their contact with both parents. It is not compulsory to have a child arrangements order to provide you with access to your child. Living arrangements and contact can normally be agreed between the parents. However, you will need to apply for a child arrangements order if you cannot agree as parents, of if you feel a child or grandchild is being denied a relationship with you.
How to get a child arrangements order
You may need to seek advice from a specialist family lawyer who will advise you of your rights to apply to the court. For example, grandparents do not currently have automatic rights to apply to the court and will need to seek leave of the court.
Your lawyer can prepare the application to the court on your behalf and arrange for this to be issued and served upon the other party before arranging representation at the first court hearing. This is what we call stage one. Often matters will be agreed and concluded at the first hearing.
If not, there will be further stages to be followed which can include filing of evidence in the form of statements and/or the preparation of a report by an officer of CAFCASS (the Children and Family Court Advisory and Support Service) who will make recommendations to the court to assist the court in making a decision. This is called stage two and would include at least one further court hearing.
The third and final stage would be the final hearing at which time the court will consider all evidence before making a final decision.
How much does it cost to apply for a child arrangements order?
The application can be quite involved and in stage one will include the following;
- preparation of the application to include a short statement relating to the issues in dispute;
- preparing any supplemental application if there is any alleged risk of harm to the child where they are currently living;
- drafting all the papers for your approval and then lodging them with the Court for issue. It is usual for the application to be lodged in the Court that is nearest to where the child is living;
- arranging for service of the papers on all relevant parties;
- filing the certificate of service with the court;
- advice of the date for the Court hearing and arranging legal representation for you.
Woolley & Co, Solicitors can often offer a fixed price depending on individual circumstances. Your lawyer will discuss likely costs in a confidential telephone consultation - request a call using our online form or call 0800 321 3832 to speak to a family solicitor today.
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A Risley, Admin Assistant, London