Child Arrangements Lawyers Romford and Dagenham

Child arrangements disputes can arise in a number of circumstances. For example, in cases of separation, or in cases of bereavement where another family member feels they are better placed than the surviving parent to care for the children. While the interests and welfare of the child are of paramount concern for the court, unfortunately, the dispute between the parties can often become heated and cause unnecessary stress for the child or children involved. Milner Elledge have years of experience in child arrangements disputes and aim to guide you through the process, listen to your side of things and work towards achieving the outcome you believe best. Contact our specialist team today.

Child Arrangements 'Lives With' Order

This order does exactly what it says and set out things such as where the child should live, who they should see and for how often. The granting of an order confers parental rights on the applicant. The orders will normally last until the child attains adulthood, but they can be varied and discharged if circumstances change over time. The orders are not handed out or granted easily and there is a number of factors the court will consider when making its decision. These include;

• The wishes of the child, where possible
• The arrangement best suited to meeting the child’s physical, emotional and educational needs.
• Characteristics such as age, religion, ethnicity and sex of the child
• The risk of harm being suffered or already suffered as a result of one of the parties.
• The capabilities of the parties to meet the needs of the child.
• The likely effect each arrangement may have on the child.

In making this decision, the court will not work alone and CAFCASS (Children and Family Courts Advisory and Support Service) may be asked to provide a report based on meetings and observations with the child and the parties involved. The views of friends, family and other relevant parties may also be sought by the court when reaching their decision.

Contact our Child Arrangements Solicitors in Romford and Dagenham

With a child-centred approach and a forensic attention to detail, there is no team better placed to help in a child arrangements dispute. Contact our specialist child arrangements solicitors today on 01708 763463 for our Romford office or 020 8984 0940 for our Dagenham office.

Caring and professional service, highly recommended. - Clare Baker

Child Arrangements - Frequently Asked Questions

What is a ‘Lives With’ Order?

A ‘Lives With’ Order determines where a child will live and with whom. It also outlines contact arrangements with the other parent or family members. This order grants parental responsibility to the applicant and typically lasts until the child reaches adulthood, although it can be adjusted if circumstances change.

How does the court decide on child arrangements?

The court prioritises the child’s welfare and considers factors such as:

• The child’s wishes (depending on their age and understanding).
• Their physical, emotional, and educational needs.
• The risk of harm to the child.
• The ability of each party to meet the child’s needs.
• Characteristics like age, religion, and ethnicity.

The court may also rely on reports from CAFCASS (Children and Family Courts Advisory and Support Service) and input from relevant individuals, such as family members.

Can grandparents or other family members apply for a ‘Lives With’ Order?

Yes, grandparents or other family members can apply for a ‘Lives With’ Order if they believe they are better suited to care for the child than the parents. However, they may need permission from the court to make the application.

What is CAFCASS, and what role do they play in child arrangements?

CAFCASS (Children and Family Courts Advisory and Support Service) is an independent organisation that helps the court make decisions in child arrangement cases. They provide reports based on meetings with the child and parties involved, assessing the best interests of the child.

Can a Child Arrangements Order be changed?

Yes, if circumstances change significantly, either party can apply to vary or discharge a Child Arrangements Order. The court will reassess the situation based on the child’s current needs and welfare.

What happens if one parent doesn’t follow a Child Arrangements Order?

If a parent breaches a Child Arrangements Order without reasonable excuse, the other party can apply to the court for enforcement. The court may take steps to ensure compliance, which could include fines or other penalties.

Do I need to go to court for child arrangements?

Not necessarily. Many disputes can be resolved through mediation or negotiation with legal assistance. However, if an agreement cannot be reached, you may need to apply to the court for a legally binding order.

How long does it take to resolve a child arrangements dispute?

The timeframe varies depending on whether an agreement is reached amicably or through court proceedings. Mediation can resolve issues within weeks, while court cases may take several months or longer.