Where there are children of the family under 16 or between 16 and 18 and undergoing education or training (who I will call ‘relevant children’), the court has to be satisfied that proper arrangements are made for them, before allowing the divorce to proceed. Accordingly, where there are such children the petitioner will need to complete a statement of arrangements for children form, setting out details of the children and the arrangements, or proposed arrangements, for them.
Before going any further I need to explain the term ‘children of the family’. This does not only include the children of both parties, but also any other children who are treated as children of the family, such as step children. Accordingly, their details will also have to be included in the statement of arrangements for children form. For children who have not been treated as children of the family, you will only need to give their names and dates of birth in section 3 of the form – see below.
The form is usually quite easy to complete, but there are some pitfalls, especially if your circumstances don’t fit the questions on the form. Once you have read the ‘To the petitioner’ notes on the front, insert the court and parties’ names. Give the details of all relevant children (see above) in section 3 on the second page, following the instructions. Section 4 (home details) is self-explanatory, although if the children do not live with you then you may not have all of this information. If this is the case, give as much information as you can and state ‘not known’ for any
missing information. Note that the court is concerned about the children’s primary residence, that is, where they spend most of their time, so there is no need to give details for the other parent’s home just because they spend some nights there. If their time is shared equally between two households, state this and give details of both households.
Section 5 of the form (education and training details) is again pretty straightforward. Note that ‘school’ does not include nursery school, only primary school onwards. ‘Special educational needs’ in subsection (b) refers to any such needs identified by the school/ college, so there is no need to mention minor problems, such as that a child is behind with their reading skills, unless the school has specifically stated that the child has special needs. Subsection (c) only needs to be completed if one or both of the parents is paying all or part of any fees. In subsection (d), you only really need to give details of any change in education arrangements if the child is being moved from one school to another (i.e. there is no need, for example, to state that the child will be going to secondary school next year), for example due to change of location or change from private to state school. If the child is simply in between schools (for example, having just left primary school), then section 5 should contain details of the next school that the child will be attending.
Section 6 (childcare details) is another one that could cause problems if the children don’t live with you and you don’t have all of the information, but give as many details as you can, as the court may raise a query if it appears that any children are not looked after by an adult all of the time. If a relative (for example, a grandparent) looks after the children, give their relationship to the children. If a childminder is used, give their details at
subsections (c) and (d), as appropriate, but there is no need to go into every detail, for example babysitting arrangements.
Section 7 (maintenance) is designed to be completed by the recipient of child maintenance, so will need to be amended if you are the payer, in which case tick ‘Yes’ at subsection (a) and state below ‘I am paying £x per week’ etc., and tick ‘No’ to both questions at subsection (e), if maintenance has not been agreed. If you are the recipient and maintenance has not been agreed, you should tick ‘Yes’ to the second question at subsection (e), to indicate that you intend to apply for child support, unless (unusually) the Child Support Agency does not have jurisdiction (see the section ‘When the CSA/C-MEC is not available’, in Chapter 3).
Section 8 (details for contact with the children) is again designed to be completed by the primary carer of the children, so will need to be amended if you are not the primary carer, to show what contact you are having. If that is the case and you are not happy with the contact you are having, state this at subsection (c) and set out what contact you seek. If contact arrangements are agreed but are flexible (i.e. no fixed arrangement for contact on specific days), then complete the section with details of how much contact takes place on average.
Section 9 (details of health) is self-explanatory but, as the notes state, only give details of serious issues. Minor issues, such as needing glasses for ‘normal’ eyesight problems or mild asthma, do not need to be detailed.
You should already be aware if there are any matters to be included in section 10 (details of care and other court proceedings). Note that you only need answer ‘Yes’ to subsection (b) if the children are currently on the Child Protection Register, and that if there has
been has been a court order relating to the children, a copy of the order should be attached to the form.
In Part III of the form it asks whether, if you and your spouse do not agree about arrangements for the children, you would agree to discuss the matter with him/her and a conciliator. Here, ‘conciliator’ really means ‘mediator’ (see Chapter 6). You should answer ‘Yes’, unless you have strong reasons to object to mediation, for example if your spouse has been violent towards you. Otherwise, even if arrangements are agreed, I would still suggest answering ‘Yes’ to this question, in case there is any dispute in the future. When the form has been completed and you are satisfied with the contents, sign and date the declaration.
Part IV of the form is for the respondent to sign, if they agree with the arrangements set out in the form – see below.