Do all child arrangements have to be formally approved by the court?

Answer

Previously known as “child custody,” child arrangements do not always have to be formally approved by the court in England and Wales. 

 

If you and the other parent agree on how your child should be cared for, how much contact each parent should have with the child, which school they should attend, and all other applicable arrangements, then the court does not need to intervene. 

 

If you are able to agree on the child arrangements, it is a good idea to have a consent order drafted, which will make the arrangements legally binding meaning that the other parent cannot change the terms of the plan at any point without your approval.

 

It is better if you can make suitable arrangements between you as it means that the courts do not need to get involved and often the parents know what is best for their child. 

 

It can sometimes become unpleasant when courts have to intervene which can impact the child negatively. The ideal scenario is for parents to be able to successfully coparent. However, this may not always be possible.

 

The courts will only get involved if you can't agree on these issues, or if their child's welfare is a matter of serious concern. In these circumstances, a child arrangements order will be applied for.