Revising arrangements for children

It is often difficult to identify the right arrangements for the children post-separation and it may take a few attempts to get this right. This is why it is important that you take into consideration matters such as:

• Where you will live after separation?
• What would the children’s journey time be from each home?
• Would the arrangements fit in with the children’s routines?
• Whose responsibility will it be to organise childcare if you are unable to take care of the children when they are scheduled to be with you?
• How should the children’s time be split with each parent?
• How should the school holidays be split with each parent?

Finding an arrangement that suits your family requires effort and input from both parents. Here are some tips to consider when changing any arrangements:

• Communicate with each other. It is important you maintain open and honest communication and keep the other parent updated about the children’s lives. When agreeing the arrangements, it is sensible to set dates to review them (e.g when the child starts full-time school or secondary school) to ensure the arrangements continue to meet the child’s needs. 
• Mediation. If you are unable to agree how to change the arrangements, you should try mediation. This involves a neutral third party who will assist you to resolve or narrow down the issues. 
• Court application. if there is already a Child Arrangements Order (“CAO”) in place, you need to apply to the Court for a variation of the CAO. Alternatively, if there is no CAO then you may wish to consider making an application for a CAO as this will be a legally binding document that parties must adhere to. 

It is important to remember that it is the child’s right to have a relationship with both their parents provided it is safe and in their best interests. When agreeing the arrangements, you should always keep in mind the impact and benefit the child will have from these arrangements. 

If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Solicitor in our Family Law Department on 01295 204154, or by email at ishah@se-solicitors.co.uk