Child arrangements orders uncovered

The Court has to determine what child arrangements are made in respect of a child, when these cannot be agreed by the parents, and the considerations for this decision are set out in the Children

Act. The most common issues the Court is asked to decide are where a child is to live and when they are to see the other parent, if there is not a shared care arrangement The Court takes a noninterventionist approach, in that, when a Court is considering whether or not to make one or more Orders, in respect of a child, it shall not make the Order or any of the Orders unless it considers that doing so would be better for the child than making no Order at all.

When determining any application for a Child Arrangements Order, the Court has to make reference to the Welfare checklist set out in Section 1 of the Children Act and this covers the following:

Court considers relevant.

• Any harm which they KDYH VXಀHUHG RU DUH DW ULVN RI VXಀHULQJ

• How capable each of their parents and any other person in relation to whom the Court considers the question to be relevant, is in meeting their needs.

• The range of powers available to the Court under the Act in the proceedings in question.

• The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)

• Their physical, emotional and educational needs.

• The likely event on them of any change in their circumstances.

• Their age, sex, background and any characteristics, which the 7KHUH LV QR VSHFLࡼF DJH

at which a child’s wishes and feelings will carry greater weight. Every

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are many factors that have a bearing on their understanding, including their particular maturity and/or whether they may

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one of their parents. The Court will not however make an Order that is incompatible with a child’s wishes and feelings, where

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old and mature enough to express an informed view, as it will be considered that making an order that is not favoured by the child, is not likely to be in the child’s best interests, and the child is likely to vote with their feet in any event. Furthermore the Court will not entertain making an Order relating to a child who is 16 or over, save where there are exceptional circumstances to do so.

This publication is a general summary of the law. It should not replace legal advice WDLORUHG WR \RXU VSHFLࡼF circumstances.

,I \RX UHTXLUH DGYLFH RQ GLYRUFH DQG ࡼQDQFHV ZH DUH KHUH WR KHOS :H RಀHU D 45 minute free consultation to discuss any aspect of Family Law, either during the week or on a Saturday at your convenience. The consultation can take place by telephone or by Zoom.

Please contact Kathryn Coyle at kcoyle@kiddrapinet. co.uk or by telephone on 01628 659 411.