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Fighting for Yours and your child's Rights: Child Arrangements Explained

It's no secret that some of the heart-wrenching disputes a solicitor sees, are those revolving around contact arrangements for children. Nothing stirs the soul quite like the thought of a child caught in a tug-of-war between parents. Family Law Group has witnessed too many of these battles, and they are never easy. They are, however, sometimes necessary, and it is crucial for parents to understand their rights as they navigate this challenging landscape.

First, let's delve into the laws in UK with regards to Child Arrangements. Understanding these laws can often feel overwhelming. So, to simplify, 'Parental Responsibility' is a key term you'll hear often. This refers to the legal rights, duties, powers, responsibilities and authority a parent has for a child, and the child's property. Another phrase you'll encounter is 'Child Arrangement Orders'. This refers to court orders that determine who is responsible for the care of a child, including who they live with, and how often the child will have contact with the parent they do not live with. These terms form the foundation of many disputes when it comes to child arrangements and are central for understanding how the process works.

What are the factors considered in these proceedings? The court's paramount concern is always the welfare of the child. This overarching principle is embedded in the Children Act 1989, a seminal piece of legislation that continues to guide family courts. In deciding what is best for the child, courts will consider factors such as the child's wishes and feelings (considering their age and understanding), their physical, emotional and educational needs, and the potential effect of any changes in circumstances, among other things.

Now, let's consider the process. It's important to note that the court is always a place of last resort. The initial step is often mediation, where a neutral third party tries to help both parents reach an agreement. If an agreement cannot be reached at mediation or via negotiation directly or via solicitors.  If a fair outcome cannot be reached then the case progresses to court. In court, each parent (or their legal representative) presents their case. The court then makes a decision based on what it considers to be in the child's best interests (often based on opinion provided by Cafcass). This is a simplified overview, but it gives you an idea of what to expect.

As we move on to tips for protecting your rights in these proceedings, the first piece of advice is to keep meticulous records. These might include written accounts of interactions with the other parent, evidence of your involvement in your child's life (like attending school meetings or doctor's appointments), This evidence can be vital in court.

Next, never underestimate the importance of legal representation. These matters can be complex and emotionally charged, and having a solicitor who knows the law and understands your rights can make a significant difference. Emotional support is also crucial. This might come from a professional counsellor or trusted friends and family. Staying calm and composed throughout the process, difficult as it may be, is paramount. 

Lastly, remember that while the journey may be hard, the goal is simple: the best interests of your child. Seek professional advice, understand your rights, and focus on the welfare of your child above all else. At the end of the day, no matter how the child arrangements are divided, your role as a loving, supportive parent is most important.

If you are struggling with a similar situation, then please book your free initial 15 minutes phone call by pressing ‘book online’ in the menu at the top of this page.

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