When families go through separation, one of the toughest questions is: “What happens to the children?”
Parents want clarity, and children need stability. That’s where understanding residence, contact, and parental responsibility becomes essential. These terms shape the legal framework for a child’s day-to-day life and future decisions.
Whether you're already in the process or considering your next steps, guidance matters. If you're looking for a child arrangement solicitor in Hertfordshire, knowing your options early helps you make informed and confident decisions that put your child’s best interests first.
What is a child arrangements order and when is it needed?
A Child Arrangements Order (CAO) outlines where the child lives and how often they see each parent. It provides legal clarity when parents can’t agree privately. Courts only issue one when negotiations or mediation don’t lead to an agreement.
This order supersedes older terms such as residence and contact orders. It can detail school drop-offs, holidays, overnight stays, and more. It’s a useful legal tool, especially when conflict arises or communication between parents breaks down.
Understanding residence: Where does the child live?
Residence refers to the child’s main home. Sometimes it’s shared between parents, but often, one parent becomes the primary carer. The child might still visit the other parent regularly under a structured plan.
Courts look at the child’s welfare above all. They consider factors like emotional bonds, consistency, and education. If one parent applies for sole residence, they must show that the setup is in the child’s best interest.
Contact arrangements: Staying involved as a parent
Contact covers the time a parent spends with their child when the child doesn’t live with them. It can be direct (in person) or indirect (calls, texts, or letters). Contact types vary, depending on family dynamics.
Flexible contact schedules work well for cooperative parents. For more complex cases, structured plans ensure regularity and reduce conflict. A child arrangement solicitor can help draft or request fair and workable arrangements.
Parental responsibility: Who makes the decisions?
Parental Responsibility (PR) includes making key decisions about education, religion, medical care, and travel. Mothers automatically get PR. Fathers also have PR if they were married to the mother or named on the birth certificate after 2003.
Disputes surrounding PR often involve school choice or relocation. Here, children's law solicitors play a critical role in mediating and advising. PR remains even if parents no longer live together or contact is limited.
Resolving disputes through legal support
When informal talks fail, legal support becomes necessary. Courts may order mediation before issuing any formal decisions. If one parent blocks contact or refuses to follow the arrangement, the other can apply to enforce it. However, as per the Family Mediation Council survey, mediation resolves child arrangement matters in over 70% of cases.
Children's law solicitors also help when circumstances change. Perhaps a parent is relocating or a child’s needs have changed. In such cases, updating the order ensures fairness and alignment with the child’s evolving life.
Child arrangements require careful thought and a clear legal structure. Every decision, right from residence to PR, should centre on the child’s well-being. If you need reliable guidance from a child arrangement solicitor in Hertfordshire, speak with our team at Pellys Solicitors. We offer expert, supportive advice tailored to your family’s unique needs.
