If you agree on child arrangements

You do not have to do any official paperwork if you agree about child arrangements. You can write down what you바카라 사이트檝e agreed in a Parenting Plan if you want a record. If you want to make your agreement legally binding, a legal advisor can help with the paperwork. Making your agreement legally binding You can get a legal advisor to draft a 바카라 사이트榗onsent order바카라 사이트� if you want a legally binding agreement. A consent order is a legal document that confirms your agreement. It can include details about how you바카라 사이트檒l look after your children, such as: where they live when they spend time with each parent when and what other types of contact take place (phone calls, for example) You and your ex-partner both have to sign the draft consent order. You바카라 사이트檒l also need to get the consent order approved. Get your consent order approved You or your ex-partner need to apply for a court order to get your consent order approved. Your legal advisor can help you with your application. You will not need to show that you바카라 사이트檝e tried mediation. Keep a copy of both the form and the draft consent order. After the court gets your paperwork There바카라 사이트檚 usually no court hearing. A judge will approve your consent order to make it legally binding if they think you바카라 사이트檝e made decisions in your children바카라 사이트檚 interest. If the judge does not think your consent order is in your children바카라 사이트檚 interest they can: change your consent order make a different court order to decide what바카라 사이트檚 best for your children

Make an agreement through mediation

You can use a mediator to help you and your ex-partner agree on child arrangements. This can often mean you do not have to go to court. A mediator is a professional who will work with you to help you make decisions based on your child바카라 사이트檚 best interests. They listen to both sides and take a neutral approach. If it바카라 사이트檚 suitable, a mediator can talk to your child about what they want. This is called 바카라 사이트榗hild-inclusive mediation바카라 사이트�. You can attend sessions in person or remotely (for example by video or phone). You do not have to be in the same room or call as your ex-partner. Mediation is not relationship counselling. You need to use an accredited mediator. Find a local mediator on the Family Mediation Council website . What mediation can help with Mediation can help you and your ex-partner agree on the details of how you바카라 사이트檒l look after your child, such as: where they live when they spend time with each parent when and what other types of contact take place (for example, phone calls)聽 how to cover your child바카라 사이트檚 living costs (for example, housing and day to day care) Before you start mediation You may need to go to an initial meeting with the mediator. This is sometimes called a Mediation Information and Assessment Meeting ( MIAM ). At this meeting, the mediator will give you advice about the mediation process, discuss your situation and help you to decide if mediation is right for you. They may also explain other ways you can agree on child arrangements without going to court. If you decide to go to court, you바카라 사이트檒l usually need to show you바카라 사이트檝e attended a MIAM before you apply. If you attend a MIAM but your ex-partner does not, you can still apply to go to court. You will not have to go to a MIAM in some circumstances, for example if there바카라 사이트檚 been domestic abuse. You need to use an accredited mediator. Find a local mediator on the Family Mediation Council website . After you go to a MIAM The mediator will sign a form that shows you attended. You바카라 사이트檒l need to show this if you apply to go to court. Only a mediator accredited by the Family Mediation Council can sign the form. How much a MIAM costs The cost of a MIAM depends on the mediator you choose. The usual cost is around 拢120. You and your ex-partner will need to attend your own MIAM separately. You do not have to pay for a MIAM if either you or your ex-partner qualifies for legal aid . How much mediation costs Mediation is usually cheaper and quicker than going to court. The cost of a MIAM is separate from the cost of mediation. You and your ex-partner will need to decide how the cost of mediation is shared. Get up to 拢500 towards the cost of mediation You can usually get a voucher worth up to 拢500 to pay for family mediation, regardless of what you earn.聽 The voucher usually pays for a minimum of 2 mediation sessions, depending on where you live and the type of mediation. For example, mediation where each parent is in a different room could cost more. The voucher cannot be used towards the cost of a MIAM. It can only be used towards the cost of mediation sessions. You and your ex-partner can only use one voucher to jointly cover your mediation costs for up to 拢500 바카라 사이트� you cannot apply for multiple vouchers. Find out how the Family Mediation Voucher Scheme works . How to get a mediation voucher Ask an accredited mediator to apply for the voucher. You do not need to pay upfront for any sessions the voucher covers. Get legal aid You may also be able to get legal aid to cover the cost of mediation if you바카라 사이트檙e on a low income. If both you and your ex-partner are eligible for legal aid Legal aid will cover the costs of: a MIAM any mediation sessions needed after the MIAM applying for a consent order (a document that makes your agreement legally binding) If only one parent is eligible for legal aid聽 Legal aid will cover the costs of:聽 a MIAM the first mediation session for both parents after the MIAM It will also cover any further costs of the parent who바카라 사이트檚 eligible for legal aid. It will not cover the other parent바카라 사이트檚 costs. Check if you can get legal aid . What happens next If you reach an agreement, you바카라 사이트檒l get a document at the end of mediation showing what you and the other person have agreed. You do not need to do anything else. If you want to make your agreement legally binding, you should hire a solicitor . They바카라 사이트檒l draft a consent order. You can then apply to court to ask a judge or magistrate to review and confirm the order. If the mediator thinks that mediation is not right for you, they might advise you to go to court instead. Help and support Find out about other ways to agree without going to court . You can also:聽聽 find out more about what family mediation involves on the Family Mediation Council website contact Citizens Advice report domestic abuse or contact organisations who can offer you help and support

Other ways to agree without going to court

There are other ways to help you agree on child arrangements outside of court. These are sometimes known as 바카라 사이트榥on-court dispute resolution바카라 사이트� ( NCDR ). NCDR is usually quicker than going to court. The type you choose will depend on your circumstances. For example your financial situation, where you live and whether you바카라 사이트檙e in contact with your ex-partner. You could try: solicitor negotiation collaborative law arbitration neutral evaluation mediation If you decide to go to court, you바카라 사이트檒l usually need to show you바카라 사이트檝e tried mediation before you apply. You can usually get a voucher to pay for family mediation, regardless of what you earn. A legal adviser can help you decide what type of resolution is suitable for you. They can also tell you how much it costs. If you바카라 사이트檙e not in contact with your ex-partner Solicitor negotiation If you바카라 사이트檙e unable to contact your ex-partner or they do not reply to you, you can find a legal adviser to help you negotiate. This is known as 바카라 사이트榮olicitor negotiation바카라 사이트� or 바카라 사이트榣awyer negotiation바카라 사이트�. You do not have to speak to your ex-partner if you choose a solicitor to negotiate for you.聽 If you바카라 사이트檙e in contact with your ex-partner You can still negotiate through a solicitor if you바카라 사이트檙e in contact with your ex-partner but there are other options available to you. Collaborative law You and your ex-partner can each hire your own legal advisers to help you negotiate. You then all meet to try and agree on child arrangements. This is known as 바카라 사이트榗ollaborative law바카라 사이트�. Find a legal adviser . Arbitration Arbitration is when a legal professional (such as a judge, solicitor or barrister) listens to both of your views. Find an arbitrator on the Institute of Family Law Arbitrators website . Neutral evaluation Neutral evaluation can help you and your ex-partner understand how likely it is that you바카라 사이트檒l get the child arrangements you want in court.聽 A legal professional (such as a family lawyer or judge) will listen to both of your views. They then give their unbiased opinion on what a court might decide.聽 Both parents need to attend the neutral evaluation meeting. It could help you come to an agreement without going to court which could save you time and money. Neutral evaluation is different to mediation because a mediator cannot tell you what the outcome of your court order might be. Find a legal adviser to arrange neutral evaluation. What happens next If you reach an agreement, you do not need to do anything else. You and your ex-partner can agree to follow what바카라 사이트檚 been decided. Ask your solicitor or find a legal adviser if you want to make your agreement legally binding. They바카라 사이트檒l draft a consent order. You can then apply to court to ask a judge or magistrate to review and confirm the order. Get help or advice You can ask a legal adviser about other types of resolution. You can also: contact Citizens Advice 聽 report domestic abuse or contact organisations who can offer you help and support

If you cannot agree: court orders you can apply for

If you바카라 사이트檝e got help and still cannot agree then you바카라 사이트檒l need to apply for a court order before you go to court. You must show you바카라 사이트檝e attended a meeting about mediation first - except in certain cases (there바카라 사이트檚 been domestic abuse, for example). You may have to attend a court appointment and go to a number of court hearings. Before the court makes a decision, it might ask you try mediation again or go on a course to help you resolve issues. Types of court order The type of court order you need depends on what you바카라 사이트檝e been unable to agree on. You can apply for more than one court order. Arrangements for your child A 바카라 사이트榗hild arrangements order바카라 사이트� decides: where your child lives when your child spends time with each parent when and what other types of contact take place (phone calls, for example) 바카라 사이트楥hild arrangements orders바카라 사이트� replace 바카라 사이트榬esidence orders바카라 사이트� and 바카라 사이트榗ontact orders바카라 사이트�. Parents with these orders do not need to re-apply. Find a legal advisor if you need legal advice. Your child바카라 사이트檚 upbringing A 바카라 사이트榮pecific issue order바카라 사이트� is used to look at a specific question about how the child is being brought up, for example: what school they go to if they should have a religious education You can also apply for a 바카라 사이트榩rohibited steps order바카라 사이트� to stop the other parent from making a decision about the child바카라 사이트檚 upbringing. Who can apply The child바카라 사이트檚 mother, father or anyone with parental responsibility can apply for a court order. Other people can apply for these court orders but they바카라 사이트檒l need to get permission from the courts first. Find out how to make child arrangements if you바카라 사이트檙e the child바카라 사이트檚 grandparent .

After you apply for a court order

The court will arrange a 바카라 사이트榙irections hearing바카라 사이트� with both parents if you apply for a court order. There will usually be a family court adviser from the Children and Family Court Advisory and Support Service ( Cafcass ) at the hearing. Cafcass will send you information before the hearing - they바카라 사이트檒l usually ring you too. At the hearing, a judge or magistrate will try to work out: what you can agree what you cannot agree if your child is at risk in any way They바카라 사이트檒l encourage you to reach an agreement if it바카라 사이트檚 in the child바카라 사이트檚 best interests. If you can, and there are no concerns about the child바카라 사이트檚 welfare, the judge or magistrate can end the process. The court will make a consent order which sets out what you바카라 사이트檝e agreed, if necessary. If you cannot agree at the first court hearing The judge or magistrate will set a timetable for what happens next. They may ask you to try again to reach an agreement, for example by going to a meeting with a mediator. You may have to go on a course if your case is about child arrangements. The course is called a 바카라 사이트� Separated Parents Information Programme 바카라 사이트�, and could help you find a way to make child arrangements work. You usually have to go to one or 2 meetings, depending on the type of programme. Your ex-partner will not be at the same meetings as you. If you reach an agreement at any stage, the judge or magistrate can stop the process. Cafcass reports The court can ask Cafcass to provide a report on your case to help decide what바카라 사이트檚 best for the child. The Cafcass officer may ask your child about their feelings. You바카라 사이트檒l get a copy of the report when it바카라 사이트檚 written. What judges and magistrates consider They바카라 사이트檒l always put the welfare of children first. They will think about the: child바카라 사이트檚 wishes and feelings child바카라 사이트檚 physical, emotional and educational needs effect any changes may have on the child child바카라 사이트檚 age, gender, characteristics and background possible risk of harm to the child ability of parents to meet the child바카라 사이트檚 needs orders the court has the power to make A judge or magistrate will only make an order if they think it바카라 사이트檚 in the child바카라 사이트檚 best interests. If you want to change your application Use form C2 to change an application that the court is still considering. The fee depends on what you바카라 사이트檙e asking the court to do. You pay the court: 拢190 if you still want the court to decide your case through a court hearing 拢60 if you and your ex-partner have agreed and you want the court to approve your consent order without a court hearing

Change or enforce an order

You can change an existing court order or consent order. You can also ask a court to enforce an order if your ex-partner is not following it. If you ask the court to change or enforce an order, you바카라 사이트檒l probably have to go to a court hearing. You can usually avoid this if you get support outside of court, such as using a mediator or getting other help instead. Change an order You can decide to do something different from the court order, if you both agree. But you will not be able to enforce this later on unless you make it legally binding. Make a change legally binding If you both agree, you can draft a consent order to cover the new agreement and ask the court to approve it. If you cannot agree, you can ask a court to decide how to change (바카라 사이트榲ary바카라 사이트�) the order. Enforce an order If your ex-partner is not following the order, you can ask the court to enforce it. Follow these steps. Fill in form C79 to apply - read guidance CB5 if you need help. Use form C78 to attach a 바카라 사이트榳arning notice바카라 사이트� if your order was made before 8 December 2008. Orders made after this date will already include one. Send it to the court nearest to you that deals with cases involving children . It costs 拢255. The court will look at the facts again to see if anything has changed. If the court enforces the order Depending on your situation and what you바카라 사이트檝e asked the court to decide they might make: an 바카라 사이트榚nforcement order바카라 사이트� - this means your ex-partner has to do between 40 and 200 hours of unpaid work an 바카라 사이트榦rder for compensation for financial loss바카라 사이트� - this means your ex-partner has to pay back any money you바카라 사이트檝e lost because they did not follow the order (for example if you missed a holiday) You can go back to the court if your ex-partner still does not do as the court ordered. If the court does not enforce the order The court might not enforce the existing order if they think that your ex-partner is not following it because: they have a good reason it바카라 사이트檚 better for your children to do something different You can go back to the court if you do not agree with their decision or your situation changes. End an order Use form C100 to apply to end (바카라 사이트榙ischarge바카라 사이트�) a court order that바카라 사이트檚 not working, or is not relevant to you and your children any more. If your order ends at a fixed time (바카라 사이트榯ime-limited바카라 사이트�), you can make your own agreement afterwards. You can get support to reach agreement, such as using a mediator or getting other help .

Making child arrangements if you divorce or separate

Making child arrangements

You can choose how to make arrangements for looking after your children if you separate from your partner.

What you can do is different in and .

You and your ex-partner may be able to avoid going to court if you agree on:

where the children will live
how much time they바카라 사이트檒l spend with each parent
how you바카라 사이트檒l financially support your children

This is called making child arrangements (sometimes known as 바카라 사이트榗hild custody바카라 사이트� or 바카라 사이트榗hild contact바카라 사이트�).

You can agree on child maintenance at the same time or separately.

If you agree

If you and your ex-partner agree on child arrangements, you can make a Parenting Plan. This is a record of what you바카라 사이트檝e agreed.

Get help agreeing without going to court

You can find out about:

You can also get help and information from:

If you cannot agree on everything

You can apply for a court order if you cannot agree after using a mediator or getting help.

If you decide to go to court, you바카라 사이트檒l usually need to show you바카라 사이트檝e tried mediation before you apply. You can get a voucher worth up to 拢500 to pay for family mediation, regardless of what you earn.

It costs 拢263 to apply for a court order. You may be able to get help paying court fees if you바카라 사이트檙e on benefits or a low income.

You may be able to get legal aid to help pay for a legal adviser in court. For example, if you have evidence that you바카라 사이트檙e a victim of domestic abuse.

View a printable version of the whole guide

Step 1 Get support and advice
You can get support or counselling to help you through the divorce process.
Step 2 Check if you can get divorced
1. Check if you can get a divorce
2. Get legal advice if you want help with the divorce process
Step 3 Make arrangements for children, money and property
Step 4 Apply for a divorce
Step 5 Apply for a 바카라 사이트榗onditional order바카라 사이트� or 바카라 사이트榙ecree nisi바카라 사이트�
1. Apply for a 바카라 사이트榗onditional order바카라 사이트� or 'decree nisi'
Step 6 Finalise your divorce
1. Apply for a 바카라 사이트榝inal order바카라 사이트� or 'decree absolute'
Step 7 Report that your circumstances have changed
You also have to tell other government organisations that you're getting divorced if:
- you get benefits
- your visa is based on your marriage

Making child arrangements if you divorce or separate

Making child arrangements

If you agree

Get help agreeing without going to court

If you cannot agree on everything

Step 1 Get support and advice

Step 2 Check if you can get divorced

Step 3 Make arrangements for children, money and property

Step 4 Apply for a divorce

Step 5 Apply for a 바카라 사이트榗onditional order바카라 사이트� or 바카라 사이트榙ecree nisi바카라 사이트�

Step 6 Finalise your divorce

Step 7 Report that your circumstances have changed

Is this page useful?

Help us improve 바카라 사이트

Help us improve 바카라 사이트

Cookies on 바카라 사이트

Making child arrangements if you divorce or separate

Making child arrangements

If you agree

Get help agreeing without going to court

If you cannot agree on everything

Part of Get a divorce: step by step

Step 1: Get support and advice

Step 2: Check if you can get divorced

Step 3: Make arrangements for children, money and property

Step 4: Apply for a divorce

Step 5: Apply for a 바카라 사이트榗onditional order바카라 사이트� or 바카라 사이트榙ecree nisi바카라 사이트�

Step 6: Finalise your divorce

Step 7: Report that your circumstances have changed

Is this page useful?

Help us improve 바카라 사이트

Help us improve 바카라 사이트

Step 1 Get support and advice

Step 2 Check if you can get divorced

Step 3 Make arrangements for children, money and property

Step 4 Apply for a divorce

Step 5 Apply for a 바카라 사이트榗onditional order바카라 사이트� or 바카라 사이트榙ecree nisi바카라 사이트�

Step 6 Finalise your divorce

Step 7 Report that your circumstances have changed