Wealden Times | WT217 | March 2020 | Good Living supplement inside

ADVERTISEMENT FEATURE
Arrangements for children following separation
Parents are often confused about the effects of a divorce or separation on their
responsibilities for their children.
Hopefully it will be possible for parents
to agree on arrangements for their
children, but if this is not possible,
generally, it is advisable to take legal
advice on the issues in dispute. In
many cases, parents will be advised
to try to reach an agreement via
family mediation. This allows them
to discuss their concerns with an
independent third party who can
help them resolve any differences. If
an agreement cannot be reached in
mediation, either parent can make an
application to the Court for a Child
Arrangements Order, a Specific Issue
Order or a Prohibited Steps Order.
A Child Arrangements Order is the
order which replaces the old residence
and contact orders (which in turn
replaced custody and access orders!)
A Child Arrangements Order sets
out where the children are to live and/
or how much time they will spend
with the other parent. If both parents
want the children to live with them,
either can apply to the Court to make
a decision. If the parent who is not
the primary carer wants to spend
more time with them than the other
parent is prepared to agree to, again
he or she can apply to the Court for
an order setting out arrangements.
A Specific Issue Order can deal
with issues such as which school a
child should attend, or whether a
parent can take the child away on
holiday, relocate to another part of
the country or even whether they
should be allowed to move abroad
permanently with the child.
A Prohibited Steps Order on the other
hand could prevent a parent moving
with a child or from changing the child’s
name, from choosing a particular
course of medical treatment, or from
taking the child from the primary
carer without their consent. The good
news is that in most cases, parents will
be able to reach agreement without
applying to the Court, and most will
view such an application as a last resort.
However in those cases which cannot
be resolved any other way, parents
may need a Judge to decide on an
issue. In these cases a Family solicitor
can explain the process and provide
the advice and assistance needed.
If you would like further advice, we
offer a free 30-minute meeting with
one of our family lawyers. To make an
appointment at our Tunbridge Wells,
Cranbrook or East Grinstead Office,
please contact our team secretary
Louise Huxstep on
T: 01892 502 338 or
E: LHuxstep@bussmurton.co.uk and
quote ‘Wealden Times - March 2020’
Please get in touch Please with our get Family in touch team with who our will Family be happy team who to help. will be happy to help.
Melanie den Brinker Margaret Evans Lora Grogan
Julie Taylor
Kristy Underwood
www.bussmurton.co.uk T: 01892 510 T: 01892 222 510 22
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