These orders were previously called a Residence Order and Contact Order.
If you wish to apply for your child or children to live with you, spend time with you and have contact with you, you will need to apply for a Child Arrangement Order. GT Stewart Solicitors offers guidance, support and representation in these matters.
If you are another family member, for example Grandparents, you are not prevented from applying for these orders. We can discuss with you what is involved in making this type of application.
Other s.8 Orders – Prohibited Steps Order and Specific Issue Orders
If you have a dispute with, or are concerned about an action your partner or ex-partner intends to take or has taken in respect of your child or children, we can assist, advise and guide you in considering or applying for orders to deal with a specific issue in dispute, or prohibit the other parent from taking any action you do not agree with.
What is a Child Arrangements Order – Spend time with (Contact)?
This is an order which can be made in private children law proceedings which states the contact a person can have with the child. This can include specific time and dates, including holidays and how they are shared. It can also include the frequency of contact and whether it needs to be supervised or unsupervised.
What is a Child Arrangements Order – Living with (Residence)?
This is an order which can be made in private children law proceedings which states with whom the child lives with.
What is a Prohibited Steps Order?
This is an order to prevent someone from carrying out a particular action without the court’s agreement. An example of this can be removing the child from the jurisdiction, having contact with named individual, changing a child’s name/surname, changing a child’s school, etc.
What is a Specific Issue Order?
This is an order usually relating to something specific such as an issue with education, medical decisions and holidays. This type of order is sought when it is limited to a single issue which may arise in respect of a child’s upbringing.
National or International Relocation
If either you or your former partner want to move overseas with your child or children and do not agree about this, you will need to apply for – or challenge – a relocation order.
We act both for parents wishing to move overseas with the child or children, and for those wishing to prevent such a move by their former partner.
You want to relocate
If you want to move overseas with your children and the other parent objects to this, you will have to make a very strong case that the move is in the best interests of your children. The court will always put the welfare of the children first.
We can advise you on applying for a relocation order and all the issues that the court will consider in coming to a decision.
The other parent wants to relocate
If your former partner wants to relocate without the children, that is seen as their own decision and the court will not get involved, although you should still be able to apply for a child arrangements order to manage contact; and for financial support from the parent living overseas.
If your former partner wants to move abroad with the children and you object, we can help you to challenge a relocation order. As above, the court will always consider the best interests of the children, but will also take your reasons for objecting into account.
We can advise you on all aspects of challenging a relocation order and all the matters that the court will take into account in coming to its decision.
Please see our free fact sheet on Child Arrangement Orders that answers some commonly asked questions.