Demystifying Child Arrangements Applications
Navigating family law can be a daunting and emotional experience, especially when it comes to matters involving children. One of the most common concerns for parents going through a separation or divorce is how child arrangements are made.
Unfortunately, there are many myths and misconceptions about child arrangements applications that can cause confusion, anxiety, and delays in the process.
At Slee Blackwell Solicitors, Dominika Windak believes that knowledge is power, and is committed to helping parents understand the truth behind the myths. Here, she debunks some of the most common misconceptions about child arrangements applications and sheds light on how the process truly works.
Myth 1: Only Mothers Get Residence of Children
One of the most persistent myths in family law is the idea that mothers are always granted residence of their children.
In reality, UK family law operates under the principle that both parents have equal rights and responsibilities towards their children. The court’s primary focus is always the welfare of the child.
If parents are unable to agree on child arrangements, the court will assess the situation based on what is in the best interest of the child, regardless of the parent’s gender. Both mothers and fathers have an equal opportunity to seek a child arrangements order, and the court will consider factors such as the child’s relationship with each parent, the child’s needs, and any risks to their safety and wellbeing.
Myth 2: You Need to Go to Court for a Child Arrangements Order
Many parents believe that in order to have legally binding child arrangements, they must go through a lengthy and expensive court process. While it’s true that some cases do end up in court, this is not the first or preferred step in most child arrangement disputes.
Before making an application to the court, parents are generally required to attend a Mediation Information and Assessment Meeting (MIAM). Mediation allows parents to discuss their issues with the help of a neutral mediator, helping them reach an agreement without the need for court intervention. Only if mediation fails or is unsuitable will the court consider an application for a child arrangements order. This can save time, money, and reduce the emotional strain for both parents and children.
Myth 3: The Court Will Always Follow a Child’s Wishes
Another common misconception is that the court will automatically grant a child’s preference for living with one parent if they are old enough to express a clear opinion. While it’s true that a child’s wishes are considered, they are just one of many factors the court takes into account when making a decision about child arrangements.
The court will carefully evaluate the child’s maturity and understanding of the situation before giving significant weight to their preferences. The welfare of the child remains the paramount concern, and the court will ensure that any decision is in the child’s best interests. This means that the court may still decide against a child’s wishes if it feels that another arrangement would better support their emotional and physical wellbeing.
Myth 4: A Child Arrangements Application Will Always Result in 50/50 Shared Care
Parents often assume that the court will automatically order a 50/50 split of parenting time between both parents. However, child arrangements are not about equality but about what is in the best interests of the child.
In some cases, a 50/50 arrangement may be appropriate, especially if both parents are actively involved in the child’s life and are capable of co-parenting effectively. However, in other situations, such as when one parent has been less involved or if the child’s needs require more stability, the court may decide that one parent should have more time with the child. The key factor is the child’s welfare, not a set formula.
Myth 5: Once a Child Arrangements Order Is Made, It Can’t Be Changed
Many parents believe that once the court has made a child arrangements order, they are stuck with it forever. In fact, child arrangements are not set in stone. If circumstances change—whether due to a change in work schedules, relocation, or other significant life events—the court can modify the order if it is in the child’s best interests.
If you wish to change an existing order, you will need to apply to the court for a variation. In some cases, parents can also agree on a new arrangement between themselves without involving the court. However, if an agreement cannot be reached, the court can intervene to ensure the child’s needs are met.
Myth 6: Applying for a Child Arrangements Order Is a Sign of Conflict
Some parents hesitate to apply for a child arrangements order because they fear it will be seen as an act of aggression or conflict. In reality, seeking a child arrangements order is simply a way to formalise and ensure the wellbeing of your child, particularly in situations where communication between parents has broken down or an agreement cannot be reached.
In fact, a child arrangements order can provide clarity and stability for both parents and children, reducing uncertainty and emotional strain. It is a way of setting clear boundaries and expectations, ensuring that everyone is on the same page about the child’s routine, living arrangements, and other important decisions.
How We Can Help
Our family law solicitors understand how important your child’s future is. We are here to guide you through the child arrangements process with sensitivity, clarity, and compassion. Whether you need assistance with mediation, applying for a child arrangements order, or modifying an existing order, we are here to help you every step of the way.
If you’re concerned about your child arrangements, or if you need advice on how to move forward, don’t hesitate to get in touch with us today. We can provide a clear, practical approach to resolving your issues and ensuring the best possible outcome for your child’s future.
Call our free helpline on Taunton 01823 354545 or email info@tauntonandsomersetsolicitors.co.uk to schedule your initial consultation. Our team is ready to provide the legal support you need to move forward confidently.
Remember, family law can be complicated, but with the right legal support, you can make informed decisions that protect both your rights and the wellbeing of your children.