Family Law solicitors in Cheshire
When parental relationships break down, its often the children that are caught up in the middle.
When relationships break down it is often the children who get caught in the middle. In this instance it is important to put your child’s interests first. GESols are committed to assisting parents to make the best arrangements for their children. It is important to consider where the child will live and who they will live with as well as ensuring that both parents are able to spend time with the children, where possible.
When disputes arise, the available orders are:
- Child Arrangement Order – to determine where the child will live and how often the child/children will visit or have contact with the other parent (previously known as a residence or care order).
- Prohibited Steps Order – to prevent particular decisions or actions from taking place which may not be in the child/ children’s best interest.
- Specific Issue Order – to enforce particular decisions or actions which are in the the child/ children’s best interests.
If any disputes arise regarding a child’s residence, particular decisions relating to the child/ children, contact arrangements or parental responsibility – contact us.
Consult with our Family Law solicitors in Cheshire
Child arrangements FAQs
Should parents not be able to agree on matters between themselves regarding their children, they may be able to reach an agreement using mediation. This is often less costly than going to Court.
If an agreement can still not be reached, it’s possible to make an application to Court for a Child Arrangements Order. The Court will consider:
- With whom a child is to live, spend time, or otherwise have contact.
- When a child is to live, spend time, or otherwise have contact with any person.
Yes, a child can live with both parents. Parents can decide this between themselves providing they both agree on what’s best for the child. If there is a disagreement on who should have full-time care, the Court can issue a Child Arrangements Order. This will outline whether the child will be living with one parent or both, and whether this is on an equal or unequal basis. The Court will only make this order if it believes it is in the best interests of the child.
If your ex-partner is making it difficult for you to see your child, you can apply to Court for a Child Arrangements Order. You may reach an agreement on the time you spend with your child even after this application has been filed. However, if an agreement cannot be reached, the Court can issue an Order which outlines the amount of time your child is to spend with you.
The amount of time that the Court grants will depend on the unique circumstances of the family. This can then be reviewed over time, or with any changes in your circumstances. Generally, the Court believes it to be in the best interests of the child to have regular, meaningful contact with both parents. It is therefore rare for the Court to completely deny contact.
You may need to provide further applications if this Court Order is violated, in order to enforce it. This could result in fines, imprisonment, or transferring the child’s residence from one parent to the other.
The Court typically deems it suitable for the children to be gradually introduced to a new partner once the relationship becomes more established, especially when the children are very young. The Courts are familiar with parents having new partners, and generally view it as being in the best interests of the child if they are able to form a positive relationship with both parents’ new partners.
Situations where the Court may get involved with child maintenance include:
- If the child or one of the parents lives abroad.
- If there are school fees or other educational expenses to be covered.