Understanding Child Arrangement Orders

The well-being of children can be helped by a child arrangements order, which is a formal court order. They are most frequently employed when separated or divorcing parents cannot agree on who their children will reside with or how they will perceive each parent.

In any case, divorce is a complex process. To find out what you can do, you need to consult with a divorce attorney Huntsville, AL.

Can anyone apply for a Child Arrangements Order?

There are two groups of people that are eligible to apply:

• Those who are automatically eligible to apply, such as:
• Any parent, regardless of whether they are in charge of their children (whether they are named on the birth certificate)
•  A stepparent, including a partner in a civil union;
• A person who has lived with the child for a minimum of three years (this does not have to be continuous)
•  An agency foster parent.
• The child’s grandparents, siblings, brothers, aunts or uncles who have resided with them for at least a year before applying
• The application can also be submitted immediately if a child arrangements order is already in your favor.
  

Those who must have a court-issued leave to apply.

This provision covers anyone not meeting the criteria under section 1 above. Usually, this category would include grandparents since, until they are deemed guardians of the child, they will need a leave of the court. This category would typically include anyone in the child’s life who does not have parental responsibility.

NOTE

When determining whether to grant leave, the court will take into account several factors, such as the nature of the application, the applicant’s relationship and connection to the child, and any risk that the proposed application may disrupt the child’s life to the point where the child would be harmed, whether a Local Authority is looking after the child, and the wishes and feelings of the parents.

Do no-fault divorces affect child arrangements orders?

No-fault divorce has no bearing on any Child Arrangement Orders and does not influence how the court determines what is best for the child.

However, the advent of no-fault divorce does away with the obligation to place blame throughout the divorce process, which frequently leads to increased hostility and unneeded strife between parents, having an unintended negative ripple impact on children. Allowing divorce without assigning blame builds a more amicable basis from which to proceed, enabling divorcing parents to prioritize the arrangements for their children’s futures.