Understanding Your Options Under the Children Act 1989
- Penn Chambers
- 1 day ago
- 5 min read
When a parent seeks legal advice because they are struggling to see their child, feel the time they spend with their child is too limited, or wishes to change the existing arrangements, the situation is often emotionally difficult and uncertain. Many parents are unsure about their rights, what steps they can take, and how the legal process works.
This article outlines the options available to parents who wish to spend more time with their child or change current arrangements. It also explains the types of applications that can be made to the court under section 8 of the Children Act 1989.
Options available for parents
Parents often ask questions such as:
“What can I do if I want to see my child more?”, “What are my rights?”,
or
“How can I change the current arrangements?”
There are several options available, and in most cases, the court encourages parents to attempt to resolve matters without formal proceedings where possible.
Reaching an agreement
The simplest and often quickest option is for parents to reach an agreement directly between themselves. This may involve discussing arrangements for when the child will spend time with each parent, including weekdays, weekends, school holidays and special occasions.
Where communication between parents remains constructive, informal agreements can often work effectively and avoid the stress and cost of legal proceedings.
Mediation and MIAM requirements
If direct discussions are unsuccessful, mediation is usually the next recommended step. Mediation involves an independent, trained mediator who assists parents in discussing arrangements and working towards a mutually acceptable solution.
Before making most applications to the Family Court, a parent is required to attend a Mediation Information and Assessment Meeting (MIAM). During this meeting, the mediator explains the mediation process and assesses whether mediation is suitable for the circumstances.
There are some exceptions to this requirement, including situations involving domestic abuse or urgency.
Negotiation Through Solicitors
Where mediation is unsuccessful or inappropriate, parents may seek legal advice and ask solicitors to negotiate on their behalf. Solicitors can provide guidance on the likely outcome if the matter were to proceed to court, assist with drafting proposals for arrangements, and communicate with the other parent or their legal representative.
In many cases, solicitor-led negotiations can help parents reach an agreement without the need for court proceedings.
Parenting Plans
Parents may also choose to record their agreed arrangements in a Parenting Plan. A Parenting Plan is a written document setting out how the parents will share responsibilities and organise arrangements for their child.
This may include where the child will live, when they will spend time with each parent, arrangements for school holidays and special occasions, and how important decisions about the child will be made.
While Parenting Plans are not legally binding, they can provide clarity and reduce the risk of future disputes.
Applying to the Family Court
If it is not possible to reach an agreement through discussion, mediation, or solicitor negotiation, a parent may apply to the Family Court for a court order. Court proceedings may also be necessary where there are safeguarding concerns, urgent circumstances, or where one parent refuses to allow contact.
When determining any application relating to a child, the court’s primary consideration is the welfare of the child.
Applications Under Section 8 of the Children Act 1989
Where court intervention is required, a parent may apply for one of the orders available under section 8 of the Children Act 1989.
Child Arrangements Orders
A Child Arrangements Order determines where a child will live and when the child will spend time with, or otherwise have contact with, another parent or relevant person.
This is the most common application made by parents who wish to spend time with their child or increase the time they currently have. The order may include detailed arrangements covering weekdays, weekends, holidays and indirect contact such as telephone or video calls.
Prohibited Steps Orders
A Prohibited Steps Order prevents a parent from taking certain actions in relation to a child without the consent of the court.
For example, a parent may seek a Prohibited Steps Order to prevent the other parent from removing the child from the jurisdiction, changing the child’s school, or relocating to another area without agreement.
Specific Issue Orders
A Specific Issue Order is used when parents cannot agree on a particular issue relating to a child’s upbringing.
This may include matters such as which school the child should attend, decisions about medical treatment, religious upbringing, or other significant issues affecting the child’s welfare. The court will determine the issue based on what is in the child’s best interests.
What Happens After an Application Is Made?
Once a section 8 application has been submitted to the Family Court, the court will begin a structured process to consider the issues and determine what arrangements are in the child’s best interests.
Safeguarding Checks
The court will request safeguarding checks to be carried out by CAFCASS (Children and Family Court Advisory and Support Service). These checks involve contacting the police and the local authority to identify any safeguarding concerns.
CAFCASS Involvement
A CAFCASS officer may speak with both parents before the first hearing and will prepare a safeguarding letter for the court summarising any concerns and providing initial recommendations.
First Hearing (FHDRA)
The first hearing is known as the First Hearing Dispute Resolution Appointment (FHDRA). At this stage the court will consider the issues in dispute and explore whether an agreement can be reached between the parties.
Section 7 Report
If further information is required, the court may direct CAFCASS or the local authority to prepare a Section 7 report. This report considers the child’s circumstances and provides recommendations to the court about what arrangements would best promote the child’s welfare.
Final Hearing
If the matter cannot be resolved earlier in the proceedings, the case will proceed to a final hearing where the court will hear evidence from both parents before making a final decision.
Parents who wish to see their child or change existing arrangements have several options available to them, ranging from informal discussions and mediation to formal court proceedings.
Resolving matters outside of court is often quicker, less stressful and more cost-effective. However, where agreement cannot be reached, the Family Court has the authority to make orders under section 8 of the Children Act 1989 to ensure that arrangements are made in the best interests of the child.
Megan Clark
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.
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