Following separation, childcare arrangements can often become a bit of a minefield and trying to reach an agreement can be tough. Your child’s needs and your relationship with your ex-partner will continue to evolve over time. Whatever happens, it is always best to act in a child’s best interests, to make this separation as easy as can be on them. Common conflicts usually arise from important decisions, like deciding which school your child should attend and who pays for things like school trips and new uniforms.

As we settle into the new school year, consistently is always key in your child’s care plans. But what happens if things go wrong? Where do you stand if the other parent does not stick to the previous agreement? What you want is peace of mind, especially with special arrangements, like where your child spends Halloween or Christmas.

One of the most common concerns that many parents have is what happens when one parent refuses to return a child? This disruption to previously agreed arrangements can cause a lot of distress. Most public services, including Social Services, are unlikely to be able to help in situations such as these.

There are several things a firm like Jackson Lees can do in scenarios such as this, to help bring a sense of calm during a difficult, emotional time.

What Can We Do?

If your ex-partner refuses to return your child to you, there are steps that can be taken to assist in returning the child as well as preventing further incident of this happening again.

A solicitor, before making any form of court order, can take instructions from you as our client to help negotiate on your behalf. We can usually garner the motivations of the other parent and why they may have acted this way. Usually, we can make an agreement for you with the other parent to help compromise between both parties.

However, if the other parent becomes unwilling to co-operate, a warning letter can then be sent to inform them that if the child is not returned to you, we will have advised you to issue court proceedings against them. If this warning letter does not persuade them to resolve the issue, we can then point you towards the right Court Order for you.

There are three types of Court Order which may prove useful.

Specific Issue Order

A Specific Issue Order can be put forward to raise a specific question about your child’s upbringing and may be most appropriate if your ex-partners grievance is over something related to this. Specific issues include things like where your child goes to school or changing your child’s name. If your ex-partner is disagreeing with a choice you may be making, you may wish to put forward a Specific Issue Order.

Prohibited Steps Order

A Prohibited Steps Order can stop the other parent making decisions on some aspects of your child’s life without the second parent’s consent. This can prevent your ex-partner from moving the child out of school, out of the country or changing the child’s name.

Child Arrangement(s) Order

If a similar incident has happened in the past or you have reason to believe this may happen again, you may benefit from a Child Arrangement Order. This Order states how much time is spent with both parents, where and who the child lives with and what forms of contact are shared between the parents and the child.

If you want further information on how we may be able to help at Jackson Lees, or if you have any other concerns about your child’s care needs, make an enquiry or give us a call and see how we may be able to help.