Child Contact Dispute
The client, located in the UK, is seeking assistance with a Child Arrangement Order. They currently have visitation with their children twice per month and desire a more structured agreement to ensure fair access rights. The client feels that their previous partner is not being reasonable regarding their visitation privileges. They wish to establish a formal agreement to improve their time with the children.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps do I need to take to apply for a child arrangement order?
To apply for a Child Arrangement Order in the UK, you generally need to follow these steps:
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Mediation Information and Assessment Meeting (MIAM): Before applying to court, you usually must attend a MIAM to explore potential mediation solutions.
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Complete the application form (C100): Fill out the C100 form, available on the GOV.UK website.
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Submit the application: Send the completed form along with the applicable fee to the appropriate family court.
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Attend court hearings: Be prepared to attend one or more hearings where the court will consider your application.
Consider seeking guidance from a family law solicitor for more personalized advice.
Can I apply for legal aid for assistance with obtaining a child arrangement order?
To apply for legal aid for a child arrangement order in the UK, eligibility generally depends on financial criteria and the merit of the case. Legal aid may be available if there are concerns regarding your ability to navigate the legal system without support. You will need to demonstrate that your income and assets are below certain thresholds. Additionally, the merits of the case, such as potential violations of your rights to access the children, will also be evaluated. For more details, visit the legal aid eligibility page on GOV.UK.
How does the court determine what is in the best interests of the children when deciding on a child arrangement order?
When determining what is in the best interests of the children for a child arrangement order, the court considers several factors established in the relevant legislation. Key considerations include the children's wishes and feelings (taking their age and understanding into account), their physical, emotional, and educational needs, potential effects of changes in circumstances, any risk of harm, and the capacity of parents or other involved individuals to meet the children's needs. The court also assesses the children's age, background, and other relevant characteristics.
What should I do if my ex-partner does not comply with the child arrangement order once it is in place?
If your ex-partner does not comply with the child arrangement order, you can apply to the court for enforcement. The court may take certain actions, such as modifying the order or requiring compliance measures. You will need to provide evidence of the breach, so it is important to maintain a detailed record of any incidents. Seeking assistance from a solicitor can help ensure the process is handled effectively.
Are there any potential consequences or changes to existing arrangements if I pursue a child arrangement order?
Pursuing a child arrangement order can lead to modifications in the current arrangements. The court might formalise visitation schedules, potentially increasing your time with your children if deemed in their best interests. However, arrangements can also change based on the parents' circumstances and children's needs. Opposing parties may contest the order, which can prolong proceedings. Compliance with the court order is mandatory, and failure to comply may result in enforcement actions.
