When a marriage is getting dissolved and the couple has children out of that marriage, family law focuses on serving the best interest for the children by helping them maintain a good and healthy relationship with both parents even after the divorce.
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Children have a complete right to spend time with their parents without any limitations. However, proper arrangements are to be made to which the child and parents agree. Here, you will be guided about all that you need to know about child arrangement order in the UK and how they can prove to be helpful in your case.
What is a Child Arrangement Order?
Child Arrangements Orders are governed by section 8 of the Children Act 1989. These orders are a set of plans and timelines that regulates the schedules of a child to live with his parents. They allow the child to spend time with both of their parents as well as with their extended family for a certain time. These orders also manage with whom the child with life among the parents and with whom will he spend time or keep contact with. These orders are decided according to the circumstances of the individual family and the parents or the child so that only the best decision is taken for the child. The period for child arrangement order lasts till the child turns 16 or in some cases 18. If the couple reconciles and starts living together again, the order will automatically cease after 6 months of reconciliation.child is in Local Authority care and the person has shown consent to the authorities to take his responsibility.
How to Apply for a Child Arrangement Order?
Before applying for a child arrangement order, the couple must attend a Mediation Information Assessment Meeting (MIAM). The main reason for the MIAM is to make the couple understand what is involved in the mediation process with the help of a mediator. This process provides an alternative solution to resolve the dispute.
Mediation cannot be suitable for all the case, which is why the mediator must sign-off the form stating the relevant reason why mediation was exempted. A direct court order is the only suitable solution in cases like physical abuse where the abused party isn’t willing to show up for mediation session.
The filling of the form is mandatory because the further proceedings to be followed will be carried along with the information detailed in it. If you don’t want your case to be directly held in the court, consider taking advice from the best family law solicitors in Manchester.
Who Can Apply?
Any person who carries a parental responsibility towards the child can apply for the child arrangement order. The direct applicants for the application are:
1. The parent of the child
2. The legal guardian of the child
3. A step-parent
Other provisions include conditions if you have lived with the child for at least three to five years or the application is made after three months of the child not residing with them. If the child is in Local Authority care and the person has shown consent to the authorities to take his responsibility.
Period of Child Arrangement Order
The period for child arrangement order lasts till the child turns 16 or in some cases 18. If the couple reconciles and starts living together again, the order will automatically cease after 6 months of reconciliation.