CHILD CONTACT & ARRANGEMENTS
CHILD ARRANGEMENT SOLICITORS IN READING & HENLEY
Should your relationship break down, our child arrangement solicitors in Reading and Henley can advise on the best course of action to try and reach an agreement with the other parent regarding child arrangements or other issues relating to the child(ren). If an agreement cannot be reached between the parents, we will suggest that mediation is attempted (save in exceptional circumstances), which is a requirement before Court proceedings can be issued. If mediation is not successful, then there may be no choice but to seek the assistance of the Court by making a formal application.
The welfare of the child(ren) is the most paramount concern for a Court when considering what would be an appropriate arrangement between the parents. Settlement is encouraged at every stage of the proceedings and it would be as a last resort that the Court would impose arrangements upon parents. This will only happen in circumstances when the parents really cannot agree between themselves.
Every application that is made to Court in relation to a child is referred to CAFCASS (Child And Family Court Advisory and Support Service) who will undertake required safeguarding checks with both the police and children’s services ahead of the first hearing. A telephone call with both parents will also be scheduled to ascertain if they have any safeguarding concerns about the other parent. CAFCASS will provide a Safeguarding Letter to both the Court and the parents before the first hearing and this sets out recommendations as to how the case should progress.
The first hearing will take place approximately 4-6 weeks after the Court receives the application and both mediation and CAFCASS will be present during the hearing to try and help the parties reach an agreement if at all possible.
If no agreement can be reached and a final hearing is listed, the Court will require that both parties file their written evidence beforehand. A final decision is made taking into account the welfare checklist which can be found at section 1(3) of the Children Act 1989:
The welfare of the child(ren) is the most paramount concern for a Court when considering what would be an appropriate arrangement between the parents. Settlement is encouraged at every stage of the proceedings and it would be as a last resort that the Court would impose arrangements upon parents. This will only happen in circumstances when the parents really cannot agree between themselves.
Every application that is made to Court in relation to a child is referred to CAFCASS (Child And Family Court Advisory and Support Service) who will undertake required safeguarding checks with both the police and children’s services ahead of the first hearing. A telephone call with both parents will also be scheduled to ascertain if they have any safeguarding concerns about the other parent. CAFCASS will provide a Safeguarding Letter to both the Court and the parents before the first hearing and this sets out recommendations as to how the case should progress.
The first hearing will take place approximately 4-6 weeks after the Court receives the application and both mediation and CAFCASS will be present during the hearing to try and help the parties reach an agreement if at all possible.
If no agreement can be reached and a final hearing is listed, the Court will require that both parties file their written evidence beforehand. A final decision is made taking into account the welfare checklist which can be found at section 1(3) of the Children Act 1989:
- The ascertainable wishes and feelings of the child concerned (considered in light of the child’s age and level of understanding)
- The child’s physical, emotional and educational needs
- The likely effect on the child if circumstances changed as a result of the Court’s decision
- The child’s age, sex, background and any characteristics of the child which the Court considers relevant
- Any harm which the child has suffered or is at risk of suffering;
- How capable each of the child’s parents (and any other person in relation to whom the Court considers the question to be relevant) is of meeting the child’s needs
- The range of powers available to the Court in the proceedings in question
The Court is able to make determination in relation to a wide-range of issues in respect of a child in relation to which the parents cannot agree, for example, with whom the child is to live, how often and for how long they should spend time with each parent, where the child should attend school, whether the child should receive specific medical treatment etc.
The most common application is for a “Child Arrangements Order” (formerly Residence and Contact), which asks the Court to determine what the arrangements for the child should be in terms of spending time with each parent.
How we can help
We can advise you on child arrangements and financial support including claims via the Child Maintenance Service. Whether you are seeking our advice to reach an agreement with the other parent or find yourself making or defending a Court application, our experienced child arrangement solicitors in Reading and Henley can guide and support you through the whole process. We will ensure that the focus remains on the child(ren) throughout the process.
Partner & Head of Divorce & Family Department
Partner & Solicitor, Divorce & Family Department
The welfare of the child(ren) is the most paramount concern for a Court when considering what would be an appropriate arrangement between the parents
ARRANGE A FREE, NO-OBLIGATION DISCUSSION WITH OUR LEGAL EXPERTS TO DISCOVER HOW WE CAN HELP YOU
OUR OFFICES
HEAD OFFICE, LOWER EARLEY, READING
9 Chalfont Court
Lower Earley, Reading
Berkshire RG6 5SY
HENLEY-ON-THAMES, BELL STREET OFFICE
64 Bell Street
Henley-on-Thames
Oxfordshire RG9 2BN
HENLEY-ON-THAMES, DUKE STREET OFFICE
2 Duke Street
Henley-on-Thames
Oxfordshire RG9 1UP