If communication between you and your ex-partner breaks down, and you can’t agree on what’s best for your children, you may look to apply for a child arrangements order.
When the Court considers an application for a child arrangements order, they will take into consideration the following factors:
1. Child’s welfare
Section 1 of the Children Act 1989 states that a Court, when determining any question in respect of a child, the child’s welfare will be the Court’s paramount consideration. Therefore, when determining where a child lives and how often they spend time with a parent, the Judge will always have at the forefront of their mind the impact of the order on the child’s welfare.
2. Child’s wishes and feelings
If the children are of an age and maturity that the Court feels they can express their wishes and feelings, then the Court may order the children’s thoughts should be taken into consideration. Therefore, a guardian may be instructed to represent the child in the proceedings. However, the weight of their wishes and feelings again will depend on their maturity and understanding of the circumstances.
3. Domestic violence or abuse
If there are allegations of domestic abuse, then the Court will, in accordance with the child’s welfare, investigate these concerns and focus on the child’s safety before making any order regarding child arrangements.
4. Parental Involvement
The existing relationship between parent and child will always play a role in the court determining what contact should be introduced and if this should be on an increasing scale depending on how the visits progress. A child that doesn’t really know one of their parents will not be put in a situation where they will feel uncomfortable or anxious, the court will want to build the relationship first.
5. Parental Capability
The Court will ensure that a parent has the ability to provide a safe, nurturing, and stable environment for the child and this, alongside the welfare of the child, is paramount to the Court. The parent’s mental wellbeing, physical health and financial capability will be reviewed to ensure the parent has the mental and physical ability to meet the needs of the child.
6. Relationship with extended family
Maintaining extended family and sibling relationships is often a priority of the Court to ensure these relationships are not damaged or lost. The courts recognise the importance of extended family and sibling relationships and therefore consider this when making orders.
7. Location
The location of the non-resident parent to the resident parent will be considered by the Court. Although this will not prevent a court ordering a shared care arrangement, it will be considered when the Court is ordering the arrangement as the Court will be reluctant to order children to spend a lot of time travelling to see one parent.
If you’re considering applying for a child arrangements order and looking for legal advice and support, here at Consilia Legal we have a wealth of experience in family law matters. To speak to one of our award-winning family law solicitors, you can call 0113 322 9222 or email enquiries@consilialegal.co.uk