Most separating parents are able to reach an amicable agreement as to decisions relating to their children. If this is not the case, there are options to consider. Lidia Foster is a Solicitor at our Castleford branch, and regularly helps parents in this type of situation. Here, Lidia offers a helpful overview.
There is the option of a Parenting Plan if the parties feel that some structure is required but they don’t want a court order. Parenting Plans are informal agreements, aimed at securing co-operation on day to day matters. They are not legally enforceable, so penalties cannot be handed out if they are not stuck to.
If you wish, the agreement contained in a Parenting Plan can also be formalised within a court order- we can help with this.
If an agreement cannot be made directly between parents it may be that with the assistance of solicitors an agreement can be made through negotiation. There is also a requirement to attend family mediation with a view to resolving the issues with the assistance of an accredited family mediator.
If there is still nto agreement either parent can make an application to the Family Court for a formal arrangement.
Formal arrangements are made via a Child Arrangements Order. This deals with two fundamental things:
It states where a child is to live;
It regulates when they spend time with either parent.
They cover what is sometimes still referred to as custody/residence and access/contact.
Orders are often very varied; they can be very detailed (stating exact days and times, for example) or much broader, setting out only the very basics. The aim of the Order is to detail the arrangement which best suits the specific family.
Hopefully once a Child Arrangements Order is place the issues are resolved. An Order can be amended by the parents if both parties agree. However if there is no agreementan Order of this type can be enforced by the court, which means that if it is breached, the court can impose penalties. These are:
- An Enforcement Order, which requires the other party to do between 40-200 hours of unpaid work (similar to a community penalty in criminal cases;
- An Order for Compensation for Financial Loss. This means that if money is lost because the other party did not stick to the order, it has to be repaid.
If a point is reached at which things have progressed well for a while, the parties get along and are able to make decisions easily, you can ask the court to discharge the order. If the opposite happens and the situation deteriorates, you can still return to court and ask that the case be reviewed.
Early advice can have highly beneficial effect. For information and guidance on cases relating to children, or indeed any aspect of family law, contact Lidia on 01977 521 877 or via lidia.foster@isonharrison.co.uk.
