Child Arrangement Order Defended in Court Case Study

16 September 2016

Client Situation

Our client is a mother of two young children. Previously the parents had agreed between them to share the living arrangements (residence) of the children. However, following an isolated incident which the father interpreted as the mother having put the children at risk, he refused to consent to the mother having contact with the children other than indirect or supervised contact.

The father issued an application for a Child Arrangement Order so that the children could live with him, so that the mother would be prevented from removing the children from his care and that the mother would only be permitted supervised contact with her children. When the client contacted us an urgent Court hearing had been listed within a week.

There had already been a two week period where the mother had not had contact with her children which, after having had shared residence of the children, was obviously distressing for the children and their mother.

How We Helped

Our Family Solicitors quickly identified what the father’s concerns were and, where the concerns were reasonable in light of the circumstances, we advised the mother what steps she could take to ensure that she was reunited with the children as soon as possible.

We negotiated with the father’s Solicitors and was able to agree arrangements for the children to stay overnight with their mother with safeguarding measures put in place. This was successful and paved the way for future contact arrangements.

We also arranged for the mother to be represented at the urgent Court hearing by a specialist Child Law Barrister. The purpose of the Court hearing was to put in place short-term arrangements for the children with a further Court hearing listed in a couple of months to make longer term, more permanent arrangements.

The short-term living arrangements were for the mother to have the children to stay with her overnight each week, which was what she wanted. The application is ongoing and so the greater outcome is currently unknown, but our client said she is very grateful that she can finally see her children.

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