Child arrangements or ‘family time’ has traditionally been referred to as ‘child contact’ or ‘child access’. When couples separate, arrangements need to be made for their children.
Some people find it easy to make arrangements between themselves, where others may need the help and assistance of Mediators, Collaborative Lawyers or even the Family Court.
Consideration needs to be given to the frequency of time the children spend with each parent, whether overnight family time is appropriate, and how handovers should take place. Each family is different and arrangements which work for one family may not work for another. The arrangements can also depend on the ages of the children. In the majority of cases, children will “live with” (or reside – “residence” information) with one parent and spend time with (have contact or family time) with the other parent. In some cases, a shared care arrangement (whereby the children spend equal amounts of time with each parent) can be agreed.
If the Family Court does become involved, a “Cafcass Officer” would usually be appointed. If the parties, with the assistance of Cafcass (and other services which may be suggested by Cafcass), are still not able to reach an agreement, a Judge will decide what the contact arrangements should be.
Court proceedings should be viewed as a last resort and when other forms of alternative dispute resolution (ADR) attempts have not assisted.
Contact arrangements can be discussed in Mediation or using the Collaborative Law process.
Our specialist Family Law Solicitors can help you review your situation and advise you on the best way to protect your rights as a parent while balancing the needs and wellbeing of your children.
With expertise in facilitating voluntary arrangements for children between parents as well as pursuing Court proceedings where necessary, our team can help you get the right outcome for you and your children, no matter how difficult the circumstances.
Speak to one of our Family Law Solicitors now by calling 01924 290 029 (Wakefield office) or 0113 246 4423 (Garforth office) or use our online enquiry form.
What is a Child Arrangements Order?
A Child Arrangements Order is an ruling made by a Court that stipulates, and makes legally binding, the arrangements relating to children and includes matters such as with whom a child is to live, who they spend time with and when. Child Arrangements Orders are determined based on the specific circumstances of the family involved and most importantly on what is in the best interests of the child.
How we can help you make contact arrangements for your children?
We understand that every situation is different, so we tailor our approach to the specific challenges you are facing and the outcome you want to achieve. In general, we will always aim to use non-confrontational dispute resolution wherever possible, but we also have strong experience with Court proceedings,when required.
How can Mediation help when making arrangements for children?
Mediation involves parents, grandparents, or other family members involved in a dispute about child arrangements, meeting with a trained Mediator to discuss the issues and come to a voluntary agreement.
Mediation usually involves several sessions during which our trained Mediator will act as a neutral third-party to facilitate the discussions and defuse any potential conflict. This helps to ensure the process stays on track and that you are able to effectively agree a solution which is in the best interests of your family.
Mediation is usually the first choice for most families trying to agree arrangements for children following divorce or separation and is usually the fastest, cheapest and most simple option.
How can Collaborative Law help when arranging child contact?
Collaborative Law can be a good alternative to Mediation where there are more complex issues to resolve or if you would simply prefer the support of your own lawyer during negotiations.
Collaborative Law involves the parents and/or any other family members or interested parties meeting to negotiate arrangements for children, each accompanied by their own lawyer. The lawyers must have specialist training in Collaborative Law and cannot represent the parties if the matter latter goes to Court, which ensures that everyone is fully committed to making the process a success.
We have a trained Collaborative Lawyer in our team, so can offer experienced representation for you during this process.
How can Court Proceedings help with arranging contact with children?
We can also offer experienced, expert representation for those rare cases where Court proceedings are required to ensure that you spend time with your children (or prevent contact/family time when you believe the welfare of your children may be at risk).
As well as our own in-house expertise, we also have established links with a number of specialist Barristers and other relevant specialists, so can ensure you have the very best support and guidance to help you achieve the right outcome for you and your children.
For more information about the Court process after you have issued an application, see this very useful video by a Family Court Judge, District Judge Bailey.
Why choose Thornton Jones for help with contact to children?
We have many years of experience helping parents, grandparents and other family members to resolve issues in relation to spending time with children, whether that may be following on from a divorce or separation or following on from some form of Guardianship. We work with families across Yorkshire and the rest of the country, providing a friendly, sensitive and highly effective expert approach to these challenging issues.
Our Family Law team is headed by Jane Auty, a member of Resolution and Collaborative Lawyer. Our alternate dispute resolution (ADR) Partner, Shelley Wales, is a Mediator and Resolution member. Our Director of Family Law is Steven Eldridge, who is a Resolution member and the only Solicitor in Wakefield with Resolution accredited specialist status in advanced financial provision. Our Legal Executive is Arooj Begum who, having been called to the Bar in 2010, has extensive experience of representing clients in and out of the Court arena.
By focusing on non-confrontational dispute resolution wherever possible, we can typically achieve an agreement over contact and access to children that works for both parents and the children, whilst avoiding unnecessary conflict that can make life harder for everyone.
We are accredited by the Law Society for Family Law and independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our child contact lawyers in Yorkshire
Speak to our child contact solicitors in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today by calling 01924 290 029, or ask a question using our online enquiry form.
If you are getting divorced or are separating and you have children, deciding the arrangements for them can be a challenge. Whilst this has previously been referred to as ‘child custody’, or ‘child residence’ the more correct term is ‘child arrangements’, as this reflects the more collaborative, non-confrontational approach taken when deciding arrangements for children in most modern divorces.
When agreeing where your children will live for the majority of their time, many factors need to be considered. There is no automatic ruling which determines who the children should live with. Factors that may be taken into consideration include:
● Which parent has had primary responsibility for the children to date?
● Which parent has the capacity to spend the most time with the children?
● Emotional wellbeing of the children – what outcome would cause the least distress to the children?
● The ability for each parent to appropriately care for the children.
Parents who seek to spend time with their children often ask what a reasonable amount of family time is. Unfortunately, there is no easy answer to this. What may be considered reasonable to one person may not be considered reasonable to another. There are many factors to be considered when agreeing arrangements and often times, particularly during a stressful separation or divorce, what is right for the children is overlooked.
Consideration must be given to the frequency of family time, whether overnight stays are appropriate and how/where handovers should take place. Each family is different and arrangements which work for one family may not work for another.
If the Family Court is involved, a Cafcass Officer may well be appointed and if the parties, with the assistance of Cafcass and any other services as recommended by Cafcass, are still not able to reach an agreement, a Judge will decide what the arrangements should be.
Contact arrangements can be discussed in Mediation or using the Collaborative Law process.
If negotiation with your ex-partner or ex-spouse regarding contact is unsuccessful, it may be necessary to seek assistance from a Mediator. A Mediator is someone who can help you reach an agreement.
Mediation is a way of resolving any differences between you, with the help of a trained neutral third person, who won’t take sides. That third person is called a Mediator. A Mediator can help you reach an agreement about issues regarding finances, property, and/or arrangements for your children.
Contact Us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
