Are you are involved in family proceedings where you consider there is no alternative but to ask the Court to change a child’s living arrangements as a means of ensuring they have an enduring relationship with both parents?
Changing a child’s living arrangements may be ordered by the Court in the following situations:
Intractable Contact Disputes
This is where one parent is denied contact with the children without any good reason or proper justification.
Parental Alienation Cases
This is where one parent has taken steps to impose their own feelings on the child, causing them to become alienated from the other parent.
Court process when changing a child’s living arrangements
If the custodial parent (where the child is living) cannot meet the child’s needs for a relationship with the other parent, or is not willing to do so, the Court can order a change in the child’s living arrangements (residence). To obtain this order you would have to show that it would be in the best interests of the child to make the change.
The Court will take this matter very seriously and get to grips with allegations made by the custodial parent. This may involve embarking on what is commonly known as a fact-finding hearing so that the Court can decide whether the allegations are true. Any allegations will be investigated and resolved as quickly as possible.
If a contact order or child arrangements order is in place and is not being complied with, the Court can commit the parent in breach to prison as a last resort, using this as either a deterrent or a means of coercion. Sometimes, a suspended sentence will be imposed.
A change in residence will not be ordered as a punishment for obstructing contact. The Court will look at the long-term harm caused to the child in being denied a proper relationship with both parents against the short-term objections from the child, which could be tainted by the influence of the obstructive parent.
If considering a change of residence the Court will always need a section 7 report and will very often need more expert evidence in addition to this, for example from a psychologist.
The Court will need to know how the change of residence will be managed in real life so that if it is ordered it will be effective. If making the application, it is important to think about this very carefully and set it out in clear terms to the Court.
A parent will sometimes go missing with the child if the change of residence is ordered. In that case the Court will take steps to locate the child and could lift reporting restrictions.
If the Court considers a change of residence is needed, it can either order any immediate change of residence or a suspended order. A suspended order is drafted on the basis that the living arrangements will be transferred to the other parent unless the children are made available for contact.
Transferring living arrangements
Another alternative is to transfer living arrangements to an intermediate third party, which could be either a family member or the local authority.
To transfer residence/living arrangements is a very serious matter and should not be contemplated unless you have had professional legal advice.
How Nelsons can help
Melanie Bridgen
is a Partner in our Family Law team, specialising in children law.
At Nelsons, we have a dedicated team of experts who are able to give specialist advice and representation. If you need advice on child contact or any other family law related matters, please contact Melanie or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
We will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide.