What Happens When Parents Can’t Agree On Child Arrangements?
If you and your child(ren)‘s other parent are unable to agree on child arrangements, there are a variety of different options available to try and resolve matters. It may be that you disagree on who can take your child(ren) on holiday, or are struggling to establish who they will live with and where they will go to school.
Given that there is a wide range of child arrangements that must be put in place between parents, it is important to remember that each situation is different and there is simply not a ‘one size fits all’ approach to any possible disagreement. If there is any uncertainty about what may or may not be appropriate, early legal advice may help the discussions between you and the other parent.
The following are some of the options available for dispute resolution if you cannot agree on child arrangements between you.
Mediation
The first method of solving disagreements between parents is mediation. Mediation involves a meeting between you, the other parent, and a neutral 3rd party who is a trained mediator. During mediation, you will work through the issues, and it is hoped will reach an agreement. This usually takes place over a number of meetings.
We understand that this is not always possible, or the other parent may not engage. There may also be some exemptions to attending mediation as the first step towards resolving the issues.
It is important to note, however, that a decision in mediation is not legally binding. If matters are agreed in mediation, the mediator will produce a document called a ‘memorandum of understanding’. You can ask the Court to endorse the arrangement and create a legally binding order by mutual consent. However, the Judge will still carefully consider the proposed arrangement to ensure that, in the judge’s view, it is in the best interest of the child.
Negation via legal representatives
If mediation is not suitable or you are unable to reach an agreement on suitable child arrangements, you can ask a specialist family lawyer for help and to discuss matters with the other parent on your behalf. Your lawyer will be able to provide you with bespoke advice and, after negotiating with the other parent, will hopefully reach an agreement. Again, this could be embodied into a court order if needed.
Court
If you are exempt from mediation, unable to reach an agreement, or the situation is an emergency, you can make an application to the Court. Even if court proceedings have started, parents can still reach an agreement on child arrangements outside of the court process.
Types of Court Order
If you do go down the Court route, there are a number of types of Court Order that may be issued and each results in a slightly different outcome regarding the legality of subsequent child arrangements.
The types of Court Orders able to solve disagreements regarding child arrangements include:
- Child Arrangements Order – sets out who a child ‘Lives With’ and with whom and when a child ‘Spends Time With’. The Court will determine which orders are appropriate for your family.
- Parental responsibility order – This provides a parent or carer with the legal rights duties and responsibilities that a parent has towards a child.
- Specific Issue Order – The Court can make an order determining a specific issue upon which you have not been able to agree as parents. By way of example, this could be medical treatment or school choices.
- Prohibited Steps Order – This is a Court Order that stops a parent from doing something with or to the children. By way of example, removing the children from the other parent’s care unless pursuant to a Court Order or separate agreement.
In its decision-making process, the court will follow the ‘welfare checklist’ and listen to both parents’ points of view. The Court’s paramount concern is what is in the best interests of the children, not the parents. Any decision regarding child arrangements will therefore have what is in the children’s best interests first.
Starting The Process
If you are unsure of the best method of solving a disagreement about child arrangements or wish to initiate the process of making appropriate arrangements via the Courts, you must seek specialist legal advice.
At GA Solicitors in Plymouth, our specialist family lawyers have years of experience helping parents navigate these complex situations and will work closely with you to ensure a positive outcome at an otherwise challenging time.
To find out more about the most appropriate child arrangements in your position, do not hesitate to get in touch with our highly qualified team by emailing our family lawyers at enquiries@GAsolicitors.com or calling 01752 203500.
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