Child Arrangement Orders For Parents Whose Immigration Status Is Under Review
Family disputes can be stressful and fraught at the best of times – and if you or your ex-partner is a non-EEA national living in the UK, you might also have to deal with immigration issues on top of this.
Often, parents will want to remain in the UK to support their child, or as is sometimes the case, parents find themselves facing an ex-partner who appears to be seeking access to children, where they have not done so previously, to lend support to an application relating to their immigration status. These access issues are dealt with by applying for a Child Arrangement Order.
Simpson Millar's Family Law and Immigration Law experts work together for you to help with:
- Applications for Child Arrangement Orders, and
- Defending against applications which are not in the child's best interests
Applying for a Child Arrangement Order
A Child Arrangement Order (CAO) is a court order that decides where your child lives and how they spend their time. If your immigration status is brought into question, for example if you have separated or your marriage is no longer classed as subsisting, then you may need to apply for a Child Arrangement Order to secure your immigration status and to continue to be a part of your child's life.
If a child is born in the UK to non-EEA national parents, usually the parent the child lives with can secure their immigration status – however the other parent must provide either evidence of parental responsibility, that they have access to the child as agreed or due to a court order. I’m not 100% sure about this part. Emma B to check please!
Putting Best Interests of Children First
It can be frustrating when the other parent, who has shown little or no interest in the child to date, suddenly comes out of the woodwork. As a parent, it's natural for you to want to ensure that there is a genuine motive in the other parent pursuing that relationship so that your child won’t be let down in the future.
The key thing to remember in all conflicts involving children is that their best interests are put first and foremost. We can help to ensure this if you feel that the other parent is only interested in using your child as a means to protect their right to remain in the UK.
Family and Immigration Specialists
As we are a full service law firm, you can rest assured you'll be advised by leading specialists in the areas of both family and immigration law. These issues are incredibly complex a need a cohesive approach to achieve the best results.
Contact our solicitors now to get the family law advice you need. We can help you by completing
our, no obligation, online enquiry form
and we will call you back or you can call us directly on freephone: 0808 129 3320.