What rights do I have to my children?
What rights do I have to my children?
It is a natural consequence of a relationship breakdown that children have to live with one party rather than both. Rarely can satisfactory arrangements be made for children to divide their time equally between two parents and two homes. Most children have a deep-seated need for the secure environment that only their own home and bedroom can provide.
Wherever possible, separated parents should always try and agree the arrangements for their children without involvement from the Court. One of the best ways to do this is with a Parenting Plan.
The plan allows parents to set out in writing the arrangements for the children. It can set out where they are to live including the child’s main registered address (for purposes such as claiming child benefit) and how often they will see each parent. It can also provide for what is to happen at Christmas, on birthdays and during school holidays. In fact, it can set out what is to happen in relation to any matter which is likely to arise with regards to the parenting of the children.
A Parenting Plan is not a legal document. It is not a court order and cannot be enforced by the Court. By its very nature an element of goodwill in the drawing up of it will be required. Such Parenting Plans can also be digitised by the parents using a parenting app downloaded to their phones. There are many such apps on the market these days but it is important that parents choose the right one and think about how their data is being protected.
If separated parents are unable to agree a Parenting Plan on their own, through solicitor correspondence or by using alternative dispute resolution such as mediation, a court application is generally the last resort. Either can apply to the Court for a Child Arrangements Order under Section 8 of The Children Act 1989.
Once the application form has been lodged with the Court, the Children and Family Court Advisory and Support Service (CAFCASS) will become involved in order to produce an initial Safeguarding Letter. This will highlight from the outset any possible safeguarding concerns the Court need to be aware of concerning the children or one or both parents.
The Court will then hold an initial hearing and in most cases will order CAFCASS to produce a welfare report. A CAFCASS officer will meet with the parties and (in some cases) the children to discuss their wishes and views. The officer can also assess each parties’ parenting abilities and home environment. The officer will want to ascertain the bonds the children have with Mum and Dad and the parent’s feelings towards each other.
Bearing in mind the strict criteria set out in the Children Act, the officer will recommend with whom the children should live and what the contact arrangements should be going forward. If one or both parties disagree with the recommendation, the Court will make a decision after a Final Hearing.
If you are experiencing difficulties with your ex-partner over the arrangements for your children, our experienced family solicitor Amanda Erskine would be happy to assist.
Throughout September, Amanda will be holding FREE initial consultation appointments at the Felixstowe Office only every Friday. Booking is essential so please contact us today, telephone 01394 384557 or email: [email protected]
Family Law team expands to Felixstowe office – Kerseys Solicitors
