Compassionate Child Arrangement Solicitors

When a relationship comes to an end, an unfortunate but necessary consideration must be who the children live with and spend time with. Court intervention may be needed to iron out any private agreements that are made, or to enforce agreements that have previously been established. Here at Morecrofts we have many family solicitors who can assist in private child arrangements, but there are preliminary steps that need to be taken before you can go to court.

To get the support you need, call 0151 236 8871 or book a call with our legal experts.

Seeking an agreement

We can provide advice based on what you want to achieve and can seek agreement with your ex-partner by writing to them. If they do not respond or are not in agreement with your proposals, then consideration can be given to making an application to Court. First mediation must be considered.

Mediation

An attempt must be made at mediation before a court application is made and the first step is called a MIAM appointment (subject to exemptions, such as when there has been domestic abuse in the relationship or when there are child protection concerns and the child is subject to a s47 investigation or under a child protection plan).

A MIAM is a short meeting that provides information about mediation as a way of resolving disputes and is conducted by a trained mediator who will assess whether mediation is appropriate in the circumstances, and mediation can be a platform for constructive dialogue between parties.

Whilst we do not offer mediation as a service at Morecrofts, we can assist with a referral and can also provide advice in relation to the process if you are accessing legally aided mediation.

How can I get funding?

The existence of domestic abuse is also relevant in determining whether legal aid can be obtained to allow funding in any child arrangements proceedings.

Domestic violence is not merely physical abuse; it encompasses a wide range of behaviour from emotional abuse, coercive and controlling behaviour, or financial abuse. Evidence of this, or alternatively, evidence of child protection concerns can be relied upon to secure legal aid.  The legal aid agency has strict guidelines as to the evidence that is accepted, and we can discuss that with you to make sure that you can get what you need.

Additionally, a means assessment will need to be undertaken looking at both capital and income.  Again, there are strict guidelines that we have to apply when carrying out the means assessment which we can take you through. There is also an online eligibility calculator that you can use yourself if you wish to explore whether you might be entitled to receive public funding.

For more information, we have a large team of paralegals who will be more than happy to help you on: 0151 236 8871.

If you are not eligible to receive public funding (Legal Aid) then we can discuss our private charging rates with you.

Who can represent me?

Once you have discussed your case with us and we have allocated you to one of our team of solicitors, we will represent you throughout your case and endeavour to achieve the best outcome for you and your children. We will make the relevant applications to the court and advocate on your behalf at hearings. Our offices in Liverpool, the Wirral, Allerton, Crosby and Prescot all have experienced solicitors who engage in child arrangements work.

Can I get legal aid for a child arrangement order?

Legal aid is available for a Child Arrangements Order. To qualify for legal aid, you must be the victim of domestic abuse and provide a letter from a support agency, medical professional, or the police. You must also be financially eligible. If you satisfy both criteria you will be eligible.

Details can be found on the government website https://www.gov.uk/check-legal-aid

What is a child arrangement order?

Parents typically apply for a Child Arrangements Order if they are unable to agree on contact arrangements for their child(ren). A Child Arrangements Order will determine which parent a child shall live with, and what time they spend with the other parent.

This type of Order will set out what days, and times the child shall spend with each parent.  The Order can also determine special occasions such as Christmas and birthdays. It can also contain a provision for holidays.

This Order can provide protection for you, and the other parent, as you will both know where you stand.  

If you and the other parent cannot agree contact arrangements, then the Court will determine this for you and will make the decision.

How much do child arrangement orders cost?

The Application to Court has a fee of £255.

If you qualify for legal aid the fee will be covered by the legal aid agency, as will solicitor costs. Legal Aid and what is covered by the agency varies depending on the case.

If you do not qualify for legal aid and wish to instruct a solicitor, you will need to fund the costs. Costs cannot be guaranteed as they will be dependent on the circumstance of the case, how much work is required and the length of proceedings.

For more information, please call us on 0151 236 8871 and a member of our Family Law team, will be happy to help.

What happens if we weren’t married or weren’t in a civil partnership?

You do not need to be married or in a civil partnership to obtain a Child Arrangements Order.

You can make an Application to Court if you have parental responsibility (PR) for a Child. As a Mother you automatically have PR. As a Father you will be granted PR if you are not married but are named on the child’s birth certificate.

If you do not have parental responsibility for the Child then you will need permission from the Court to make the application. If you are a Father without PR you may need to also apply for a Declaration of Parentage.