When parents separate, deciding on the care and living arrangements for their children is one of the most critical steps. Taunton Solicitors ensures that these decisions, including child arrangements, are made fairly with the children’s best interests in mind. Outlining where a child will live and how much time they will spend with each parent is a significant step. Navigating this process can be emotionally complex, but understanding the legal standing of these agreements is crucial to ensuring stability for everyone involved.
Parenting Plans vs. Child Arrangement Orders
Many separating parents successfully agree on childcare arrangements informally. They might create a “Parenting Plan,” a written document outlining their shared intentions regarding where the children live, contact schedules, and how they will handle major decisions, such as schooling and medical care. A Parenting Plan is a fantastic tool for promoting clear communication and cooperation. However, it’s not legally binding on its own. You must apply to the court to make it a legally binding family order.
In contrast, a Child Arrangement Order is a formal court order made under the Children Act 1989. This order legally defines the arrangements for a child. Because it’s issued by a court, it’s legally binding, and all parties named in the order must comply with its terms. Failure to do so can result in serious legal consequences.
What Makes an Order Legally Binding?
A Child Arrangement Order’s legality is official the moment it’s sealed (officially approved and stamped) by the court. This can happen in two main ways:
- By Consent – If parents reach an agreement, they can ask their solicitors to draft a “consent order.” This document formalises their agreed-upon terms. A judge will review it to ensure it’s in the child’s best interests before approving it. Once approved, it becomes a legally binding court order.
- By Court Decision – If parents can’t agree, one or both may apply to the court. After considering all the evidence and hearing from both parties, a judge will make a decision based on the child’s welfare. The resulting Child Arrangement Order is legally binding.
The key difference is enforceability. If one parent breaches an informal Parenting Plan that hasn’t been issued to the court, there is little the other can do. If a parent breaches a Child Arrangement Order, the other can apply to the court to have it enforced.
Modifying a Child Arrangement Order
Life is not static, and what works for a family today may not work in a few years. A Child Arrangement Order can be changed or varied if there has been a significant change in circumstances. This could include a parent needing to relocate for work, a change in the child’s needs as they get older, or if the current arrangement is no longer working. Parents can agree on changes and apply for a consent order to make them legally binding. If they can’t agree, one parent can apply to the court to vary the existing order.
Seeking the Right Legal Advice
Navigating child arrangements requires a delicate balance of compassionate understanding and clear legal guidance. Family law is deeply personal, and having the proper support can make a significant difference in your life. A solicitor can help you understand your options, from mediation to court proceedings, and ensure any agreement safeguards your child’s best interests.
At Taunton Solicitors, we help families find practical and fair solutions. We encourage open communication and strive for amicable resolutions whenever possible, but we’re prepared to act assertively to protect your interests when necessary.
The Best Interests of the Child Should Always Be First
Ultimately, all decisions about child arrangements, whether made informally or through the courts, should prioritise the well-being of the child. Working with a family solicitor at Taunton Solicitors provides certainty and security, ensuring that a child’s routine and their relationship with both parents are protected by law.
If you need clear, compassionate advice on child arrangements in Taunton or Somerset, our team can help. Contact us to schedule an initial consultation and take the first step towards securing a stable future for your family.