The end of a relationship is never easy even if you are on speaking terms. When you have children together it can be even harder. Often parents are making allegations against each other and simply can’t agree on the arrangements for the children.
Do I Need To Have A Court Order?
The answer really depends upon whether or not you can reach an agreement with your former partner. If you are able to reach an agreement then, no you don’t need to have an order.
Even if you can’t initially agree the time that your children will spend with each of you, it is a good idea to at least attempt to agree matters. This could be with the help of solicitors. Not only does this usually make for a more amicable relationship between you and your ex, but also tends to make things easier for the children. Of course, you can also save a lot of money by not having to go to Court.
Even if you reach an agreement you can have an order by consent if you both agree to this and the Court are happy it is in the children’s best interests. Having such an order will ensure that you both understand what the arrangements should be.
If you decide not to have an order it is still a good idea to put the agreement in writing. After what can be lengthy discussions, understandings of an agreement can easily be confused. You may both think that you have agreed to something different.
We Still Can't Agree Matters - Now What Do I Do?
If you are having difficulty in discussing the arrangements with your ex direct then you could try the mediation route. An independent mediator will help you both, through meetings, to decide what is in the best interests of your children.
If you really can’t reach an agreement then your only option may be to issue an application to Court for a Child Arrangement Order. The Court will then decide the arrangements for the children. This can include who the children should live with and the time that they should spend with the other parent. They may even consider whether there should be a shared care arrangement so that the children live with both of you based upon an agreed rota.
If you have any questions on this matter, or any other family law issues please do not hesitate to contact me us on 0800 011 6666. Alternatively, you can visit the family law page of our website here.