When parents separate, one of the most pressing concerns is how to arrange care for any children. Emotions can run high, and finding a way to balance the needs of both parents (and often grandparents) is essential. At HM & Co. Solicitors, our child law specialists are here to guide you through these decisions, aiming to secure an agreement that prioritises the welfare of your children.

Resolving Child Arrangements

Non-Court Approaches

Where possible, we encourage parents to reach agreements without involving the courts. This can be done through:

• Direct Communication: Sitting down (with or without solicitors) to discuss how the children’s time should be split.
• Solicitor Negotiations: Each parent has legal advice, yet aims to resolve issues quickly and amicably.
• Mediation: A neutral mediator helps keep discussions on track.
• Collaborative Law: Parents and their solicitors meet together, face to face, to talk through possible solutions.

These approaches often save time, reduce conflict, and preserve relationships for the future, particularly beneficial when both parents remain actively involved in the children’s lives.

Court Proceedings

If these methods fail, or conflict is significant, an application to the family court may be necessary. Courts examine:

• The child’s best interests
• Existing parenting arrangements and each parent’s capability
• The children’s wishes and feelings (as appropriate for their age)

Should the judge decide a formal order is needed, they may issue a Child Arrangements Order.

What Is a Child Arrangements Order?

A Child Arrangements Order (CAO) is a court order determining who is responsible for a child’s care. It usually comes into play when parents cannot agree on how to share the child’s time and living arrangements post-separation.

Key points about a CAO:

• Where the child lives (often referred to as “residence”)
• When and how they spend time with each parent (“contact”), potentially including overnight stays, weekdays, weekends, or specific holidays
• Other communication: phone calls, video calls, letters

Common Orders Involving Children

• Residence Orders: Decide where the child’s main home will be.
• Contact Orders: Outline how much time the child should spend with each parent and under what conditions.

Why You Might Need a Child Arrangements Order

Child Arrangements Orders become crucial when:

1. Parents Disagree: They can’t settle the child’s living schedule or visitation themselves.
2. A Child’s Welfare: Clarity is essential for schooling, healthcare, or special needs.
3. Legal Certainty: Both parents want a binding agreement to prevent future disputes.

Once in place, a CAO is legally binding and lasts until the child turns 16, or in some cases 18, depending on what the order stipulates.

How to Apply for a Child Arrangements Order

1. Attempt Mediation: You’ll usually need to attend a Mediation Information and Assessment Meeting (MIAM) unless exempt (e.g., for reasons of domestic abuse).
2. File an Application: Complete the necessary forms and submit them to the family court.
3. Attend Hearings: The court process may involve a First Hearing Dispute Resolution Appointment (FHDRA), further hearings, and—if unresolved—a final hearing.
4. Await the Court’s Decision: The judge (or magistrates) will make a final ruling, anchored in what they believe best serves the child’s interests.

Let HM & Co. Solicitors Help

HM & Co. Solicitors has deep experience assisting parents and grandparents throughout child arrangements. Our goal is to secure practical, child-focused solutions—whether by negotiation, mediation, or as a last resort, through the courts.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

If you’re facing difficult decisions about your children’s future care, contact us for guidance. We stand ready to simplify the process, protect your child’s best interests, and support you every step of the way.