Do I Need a Court Order to Settle My Family/Child Dispute?

The stress and anxiety that comes with separating from your partner is only exacerbated when there are children involved. In an ideal world, parents would come to an amicable decision between themselves about what is best for their child after separation, but this is not always possible.

Mediation can be used, whereby parents are assisted by an independent third party to help reach a joint decision about childcare arrangements rather than going to court where a judge makes the decision. However, if you cannot agree on the best way forward, it is always recommended that you seek legal advice to help resolve your dispute. At Owen White & Catlin, our professional family lawyers can provide you with first-class legal assistance to ensure that your family can move forward.

How is a court order made?

There are several court orders available depending on your circumstances, with a decision being made by the court using the provisions contained within the Children Act 1989. You are required to apply to the court if you wish a court order concerning your children to be made. Once they have received your application, the judge or a legal advisor and a panel of magistrates will hear the application and come to an agreement based on the evidence placed before them.

Decisions are made with the child's best interests in mind. The court must have regard to the 'welfare checklist', which sets out the criteria that must be considered. The court will also think about whether making an order is better for the children than making no order at all – the general principle is that matters should be resolved by the spouses or partners themselves without resorting to a court order.

What orders can be sought from the court?

Child arrangement order

A child arrangement order determines who the child will live with, how they will spend time and have contact with other people. This can include the child's parents, but also other persons such as family members. These orders were previously known as 'residence' and 'contact' orders and 'custody' and 'access' arrangements.

Specific issue orders

These orders will determine a particular question that has or may come up concerning the exercising of parental responsibility. They can be used to resolve issues concerning the child's upbringing, such as which school the child will attend or whether they will practice a particular religion. They can also be used to determine whether a child should be removed from the country.

Prohibited steps orders

A prohibited steps order provides that no steps shall be taken by a person concerning the parental responsibility of a child without the consent or permission of the court. These orders are commonly used when one parent has concerns that the other parent will remove their child from the country.

Contact our Family Law Solicitors in London, Addlestone, Ashford, Chiswick, Surrey & Middlesex

For expert advice on a family or child dispute, please speak with one of our specialist solicitors for clear, pragmatic, and confidential support. Call us today or complete our online contact form.