Access arrangements for children

Mothering Sunday is fast approaching (Sunday 19th March 2023), when mothers, grandmothers, godmothers, and stepmothers are celebrated. It is usually a special time of the year which entails a gathering of family members exchanging warm wishes and love, but this isn’t always the case, especially if there has been a relationship breakdown. It can be an anxious time of year for parents who are separated or divorced, with many mothers not knowing whether they will get the chance to spend time with their children.

There are plenty of options available to you regarding arrangements for your children after separation or divorce. These arrangements can include specific provisions to allow you to have contact on Mother’s Day, alongside other special occasions, such as Christmas, Easter, birthdays, and extended periods over school holidays.

The options that are available to you are as follows:

An agreement between you and the other parent

You and the other parent can agree on arrangements for your children, including specific arrangements for special occasions such as Mother’s Day and Father’s Day. This is the most cost-effective and amicable way to come to an agreement and should always be considered if appropriate before pursuing any other options.

Mediation

You must attempt mediation before making an application to the Court to decide on arrangements for your children unless one of the specified exemptions applies. Mediation involves a trained mediator assisting you and the other parent with reaching an agreement and is not as costly as Court proceedings.

Court Proceedings – Applying for a Child Arrangements Order

If you cannot reach an agreement or if mediation is unsuccessful, then you can apply to the Court for a Child Arrangements Order to spend time with your children.

The Court will decide whether you should spend time with your children and can set out specific provisions for how and when you spend time with them. A Child Arrangements Order will usually contain specific provisions for special occasions such as Mother’s Day, meaning that you will not miss out on spending time with your children on the special day each year.

When the application to the Court is made, a CAFCASS officer will be appointed to carry out initial safeguarding checks, and this will involve an interview with you and the other parent. The welfare of the child in question will be the Court’s paramount consideration in any application, which means that they will consider what arrangements would be in the best interests of the child. They consider factors such as their age, education, and the child’s own wishes and feelings.

If you are concerned about arrangements for your children following the breakdown of your relationship, then please contact Julia Kolomiiets.