Making child arrangements if you divorce or separate
If you cannot agree
If you鈥檝e got help and still cannot agree then you鈥檒l need to apply for a court order before you go to court.
You must show you鈥檝e attended a meeting about mediation first - except in certain cases (there鈥檚 been domestic abuse, for example).
You may have to attend a court appointment and go to a number of court hearings.
Before the court makes a decision, it might ask you try mediation again or go on a course to help you resolve issues.
Types of court order
The type of court order you need depends on what you鈥檝e been unable to agree on. You can apply for more than one court order.
Arrangements for your child
A 鈥榗hild arrangements order鈥� decides:
- where your child lives
- when your child spends time with each parent
- when and what other types of contact take place (phone calls, for example)
鈥楥hild arrangements orders鈥� replace 鈥榬esidence orders鈥� and 鈥榗ontact orders鈥�. Parents with these orders do not need to re-apply.
Find a legal advisor if you need legal advice.
Your child鈥檚 upbringing
A 鈥榮pecific issue order鈥� is used to look at a specific question about how the child is being brought up, for example:
- what school they go to
- if they should have a religious education
You can also apply for a 鈥榩rohibited steps order鈥� to stop the other parent from making a decision about the child鈥檚 upbringing.
Who can apply
The child鈥檚 mother, father or anyone with parental responsibility can apply for a court order.
Other people can apply for these court orders but they鈥檒l need to get permission from the courts first. Find out how to make child arrangements if you鈥檙e the child鈥檚 grandparent.