Navigating Contact Arrangements

Mediation/Solicitors Negotiations 

In some cases, direct negotiations can be challenging, especially when there are disagreements about decisions. In such situations, it’s recommended to first seek mediation, which can help facilitate productive discussions through an impartial third party. If mediation doesn’t resolve the matter, solicitor-led correspondence may be a helpful next step to reach an agreement, which can later be formalised into a Parenting Plan (see below).

Main points to consider when agreeing child/children arrangements 

Primary carer

• Who will be the primary carer of the child/children or will share care arrangements be in place.

• Child Maintenance may also need to be considered.

• The pattern of contact for example, how many overnight stays & weekend contact.

Birthdays 

• Children’s Birthdays.

• Parent’s Birthdays.

School Holidays 

• Half terms – (generally Oct, Feb & June). 

• Easter – 2/3 weeks. 

• Summer – 6 weeks. 

• Christmas – 2/3 weeks.

• Inset Days – 1 day.

Special Occasions 

• Mother’s & Father’s Day. 

• Religious Days – Christmas, Easter, Sabbath, Eid, Diwali etc.  

• Family events – Weddings, Christenings, funerals, Birthdays etc. 

Holidays Abroad 

It is important that parties give each other significant notice (3-6 months) on when they intend to go on holiday and where. Then once the holiday is booked to provide each other with the flight and accommodation details.  

Flexibility 

Life circumstances change so parental arrangements should be adapted and regularly reviewed to ensure the children’s needs are being adequately met. 

Important decisions 

It is also worth discussing and agreeing important decisions about the children’s education, healthcare, finances etc

Parenting Plans

Once an arrangement has been agreed regarding the above points it is always advisable to have this recorded in a written agreement to help with any clarification this is written agreement is known as a parenting plan. It is important to note that the parenting plan is not legally binding because it will not be court sealed, however there might be is an option for it to be formalised into a Court order if the Court deems it appropriate to do so. 

Child Arrangements Order

There are times where negotiations do fail, and a formal arrangement may be necessary by way of a formal Court Order.  Court intervention should be the last resort, as the Courts do encourage parties to seek Alternative Dispute Resolution (ADR) methods such as Mediation. 

The Court’s paramount consideration is the welfare of the child, and the Court will go through the Welfare Checklist to determine the best arrangements for the child/children namely: 

• The Child’s wishes and feelings

• The Child’s Physical, Emotional and Educational Needs

• Likely effect of any change in Circumstances

• The Child’s Age, Sex, Background and Characteristics 

• The Risk of Harm

• Capability of Each parent 

• The Range of Order Available to the Court

There are several types of orders the Court can make such as: 

• A Child Arrangements Order (e.g. Living and contact arrangements)

• Special Issue Orders (e.g. disputes over schooling, religion or medical treatments)

• Prohibited Steps Orders (e.g. Preventing one parent from relocating with a child without consent or preventing a parent from removing the child from the care and control of the primary carer without consent)

Note that, in some situations, the Court may decide that no order is necessary; the "No Order Principle."

Monika Brar, Family Law Team at JPC
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC Law for a free initial 30-minute consultation.