A separation can throw up many emotional and logistical challenges, but no issue is quite as emotive as that of deciding who the children will live with and how much time each parent will have.
Inevitably, the breakdown of the family unit means that many changes must be confronted. The most unwelcome change for most is that one parent will no longer live under the same roof as their children 100% of the time. It’s here that a child arrangement agreement is needed.
What is a child arrangements agreement?
A child arrangements agreement is just as it sounds – it sets out the arrangements the parents work out to care for their children after a separation or divorce. It outlines where the children will live and how much time each parent will get to spend with them.
Why should I involve a family solicitor in a child arrangements agreement?
A family solicitor is indispensable at many of life’s major crossroads, including during the separation or divorce process. A solicitor will ensure that you’re clear on your legal rights, can provide impartial advice and guidance, and will support you through what can be a high-stress process.
When it comes to arranging where your child will live and how much time each parent gets to spend with their children, there’s no one-size-fits-all solution. A solicitor will talk you through the options and their implications so you can make an informed decision.
If your separation hasn’t been amicable – or you’re simply finding it hard to devise a structure that both parents find agreeable – a solicitor can also help with mediation. This can reduce conflict and improve communication between both parties, making it easier to act in the children’s best interests.
If you can’t come to agree with the other parent, even after mediation, a family solicitor can provide legal representation at the family court. They’ll lead you through the legal process, reduce uncertainty by giving you an idea of what to expect, and present your case to the judge.
Can parents make a child arrangement agreement without going to court?
Yes, you can make a child arrangement agreement without going to court – as long as both parents can agree on what the new childcare arrangements should look like.
You should write down what has been agreed upon or create a Parenting Plan via the Cafcass website. This agreement won’t be legally binding. A family solicitor can draft a Consent Order confirming the details. The Consent Order is then submitted to the court for approval to make it legally binding.
What does a solicitor do during the child arrangements agreement process?
Your solicitor will provide expert advice and can be an invaluable source of support during a very stressful period:
- As a legal expert, your solicitor will inform you of your legal rights as a parent
- They’ll help you reach agreement that’s in the best interests of your child
- They can act as a mediator and negotiate on your behalf
- Your solicitor can also draft the Consent Order to make your agreed child arrangements legally binding
- If required, they’ll also represent you in court
What should be included in a child arrangements agreement?
It’s important that the child arrangement agreement is thorough and detailed to avoid any conflict, misunderstanding or uncertainty later on.
It should cover:
Where the children will live
This section of the agreement will detail where the children will live. This might include spending weekdays with one parent and weekends with the other, or the first part of the week with parent one and the second half with parent two.
When deciding on living arrangements, it’s important to be practical. If one parent works longer hours or has shift work, it may not be possible to care for the children on certain days of the week.
How you’ll stay in contact
It might be necessary to lay some ground rules around contact frequency and methods.
Likewise, you should specify how parents will communicate regarding their children. This may not be necessary if the separation is amicable, but if there is a high degree of conflict, it might be possible to agree to email or text rather than speak on the phone.
Child maintenance
You’ll also need to outline what each person will pay towards the cost of caring for the children. If time and care aren’t shared equally, one person may have to pay more.
Can child arrangements agreements be changed later on?
As your children get older and circumstances change, the original child arrangements agreement may no longer be suitable. A new agreement can be drafted if both parents agree to the changes. If not, you’ll need to go through mediation or go to court to change the order.
If you’re going through a separation or divorce, our experienced family solicitors can help you with a child arrangement agreement. Contact us to discuss your situation in confidence.
