Parenting Agreements

Child Arrangements

When parents separate, decisions need to be made about where who children will live with and how much time they will spend with the other parent.

If parents are unable to agree over the time they spend with their children, either parent can make an application to the Family Court for a Child Arrangements Order to confirm who the children live with and how much time each of them spends with them.

A ‘Lives With’ Order (formerly known as custody or residence) confirms whom a child is to live and when they are to live with them.

A ‘Spends Time with’ Order (formerly known as access or contact) confirms how much time a child will spend time with, or otherwise have contact with, the other parent.

Contact schedule

Ideally parents themselves, or the Family Court (if no agreement can be reached and a court application is made), will draw up a schedule of the days and times when children be with a particular parent. This will usually cover weekends, holidays, birthdays, Christmas and special events.

When can a parent be denied contact?

The non-resident parent will usually be able to see their child unless granting contact is deemed not to be in the child’s best interests. The best interests of the child are the court’s primary concern. A parent may be denied such contact because, for example:

• They have a history of alcohol or drug abuse.
• There is evidence of domestic violence or abuse committed against the child, a sibling or the other parent.

Can contact be changed?

Yes. If either parent feels the existing arrangements for children are unsuitable or inefficient, they can request changes via the Family Court. We can provide you with advice and assistance in relation to making such an application.

Prohibited Steps Order

It is possible for an application to be made to prevent someone from taking a particular step with regard to a child without the court’s permission.  A typical example might be preventing a person (even if they have parental responsibility) from taking a child out of England and Wales.

Specific Issue Order

Sometimes parents can disagree about an important issue that arises in relation to a child. For instance, this might be which school a child should attend, what medical treatment they should have, or what religion they should be brought up in.  If agreement cannot be reached then it is possible to apply to the court for a Specific Issue Order to determine the issue.

Parenting Agreements

A Parenting Plan or Parenting Agreement can be a helpful way for a separating couple to address the day-to-day issues that need to be managed, both in terms of child arrangements and other decisions.  They can be formalised outside the court arena.  Whilst not directly binding, they can provide helpful evidence of each party’s intention at the time the agreement was entered into if court proceedings are needed at a later date.

Family Law Video Explainers

We have put together a series of short videos covering some of the frequently asked questions that arise and also where the law stands on some of these issues. Click here to view.