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How are child arrangements made when a couple separates?

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Q. I am separating from my husband and we have two children together who are aged eight and five. What orders can the court make in relation to our children?

A. The court will not make any orders in relation to your children if you and your spouse are able to agree arrangements between yourselves. The court will only become involved in these arrangements if there is a dispute.

In the instance that you and your husband are unable to amicably resolve arrangements for your children by negotiation then either one of you may issue an application to the court. Once an application is submitted the court may make one or more of the following orders regarding arrangements for your children:

Child Arrangements Order

A child arrangements order sets out where a child will live, when they will spend time with each parent and if there will be other forms of contact, such as via telephone. This is known as indirect contact and will be particularly important if one parent lives a considerable distance from their child and may not be able to see them regularly.

A child arrangements order can also set out arrangements for special occasions such as Christmas, birthdays and holidays.

Specific Issue Order

If there is a dispute on a particular issue for example, where a child should go to school, the court may make a specific issue order requiring attendance at a particular school.

A specific issue order may also relate to disputes over medical treatment, changing the children’s surname or the role of religion in a child’s upbringing. These orders can be used in a wide variety of situations.

Prohibited Steps Order

A prohibited steps order prevents one parent from taking a particular course of action.

These are commonly used when one parent wants to move abroad or to another part of the country with the child. If the other parent does not agree to the move then they can apply to the court for a prohibited steps order.

These orders can also be used to prevent a parent from changing the child’s school or changing their surname without the agreement of the other parent.

In the case of all three orders, before making a decision the court will listen to the views of both parents and depending on the child’s age, the child themselves. Following this, the court will make an order based on what is in the child’s best interests.

For more information on how child arrangements are made when a couple separates, or to discuss any aspect of family law, contact Janine Hutson on 01772 258321 or janine.hutson@harrison-drury.com. Janine is part of the team at Harrison Drury solicitors in Preston, working as a specialist in divorce and family law.


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