Child Arrangements
The client is seeking advice on child arrangements due to a strained relationship with their former partner. They wish to establish alternative arrangements for their child. The client has expressed difficulties in getting along with the former partner, indicating a potential need for legal intervention or formal agreements. Further details are needed to provide comprehensive guidance on the matter.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I set up a formal child arrangement order if my former partner and I do not get along?
To set up a formal child arrangement order, you must first attempt mediation, unless an exemption applies. If mediation is unsuccessful or inappropriate, you can apply to the Family Court for a Child Arrangements Order. This process involves submitting a specific form along with a relevant certificate if applicable. The court will assess your application and schedule a hearing. It's crucial to focus on what's best for your child in your application. Consider seeking help from a family law solicitor or local organisations for guidance.
What factors will the court consider when making a decision about child custody arrangements?
When determining child custody arrangements, the court primarily focuses on the child's welfare. Key considerations include: 1. The child’s wishes and feelings, considering their age and understanding. 2. The child’s physical, emotional, and educational needs. 3. The likely effect of any change in circumstances. 4. The child's age, sex, background, and any characteristics the court considers relevant. 5. Any harm the child has suffered or is at risk of suffering. 6. The capability of each parent to meet the child’s needs. 7. The range of powers available to the court.
Are there any alternative dispute resolution options available to us before going to court?
Considering the difficulties in communication with your former partner, mediation could be a viable alternative dispute resolution method before resorting to court. Mediation involves a neutral third party helping both parties reach an agreement regarding child arrangements. If mediation is unsuitable or unsuccessful, other options like collaborative law or arbitration might be considered.
What evidence or documentation should I prepare to support my case for alternative arrangements?
To support your case for alternative child arrangements, gather evidence and documentation that demonstrates your commitment to your child's welfare. This includes: 1. A parenting plan outlining proposed living arrangements and visitation schedules. 2. Communication records showing attempts and any agreements with your former partner. 3. Evidence of the child's needs, such as education or medical records. 4. Witness statements from individuals who can attest to your parenting abilities. 5. Financial records demonstrating your ability to support the child.
How does the court determine what is in the best interest of the child in custody cases?
The court determines what is in the best interest of the child by considering several factors, including the child's needs, the impact of changes in circumstances, and the capability of each parent. The child's wishes and feelings may also be taken into account.
