It's surprising how firmly an idea can become entrenched in our collective consciousness, however misconceived that idea might be.

In the field of family law two examples immediately spring to mind. Firstly, there is the notion that an unmarried couple who live together are united by a "common law marriage" when, in fact, the UK Courts have not recognised such a concept for the last five hundred years or so. In so far as the law on this subject has not altered during this period of time, perhaps there is no harm in reserving further consideration of this topic to another edition.

In contrast, my second example has been the subject of popular misconception for only twenty five years but, during that period, the public's awareness of the law's approach to an everyday problem has remained stuck in yesteryear. I refer to the legal arrangements for children following the breakdown of their parents' relationship.

It is astonishing how many parents still seek to instruct their lawyers to apply for custody or access orders despite the Courts being unable to make such orders since 1989. Indeed, I am sure that most people reading this article would still use these obsolete terms when discussing such matters.

Prior to 1989, it was the invariable practice for one parent to be granted a custody order and the other to be granted an access order. After the passing of the Children Act, it became the norm for parents to ignore the Courts and make their own arrangements relating to their children.

This reflected the fact that they both retained "Parental Responsibility" for their children and that the Court only made orders for residence or contact if the parents were unable to decide such issues between themselves.

However, in recent times the notion that a child's residence should be granted to one parent and that the child should merely have contact with his/her other parent was felt to perpetuate the outdated concept that one parent (usually the mother) had a dominant position over the other parent in the life of their child. What was needed was a legal framework that recognised that, in the overwhelming majority of cases, children have the right to enjoy relationships with both parents, the arrangements for which should be tailored to meet the circumstances of each individual case.

And it is this change in judicial and political thinking that in April last year brought about the introduction of "Child Arrangement Orders" which are exactly what it says on the tin. Gone is the concept of one parent having custody or possession of a child or that children are only entitled to have contact with but not have a home with the other parent. Parents, lawyers and courts are now required simply to ask this question:

"What arrangements should we make for this child that will be in his or her best interests?" and, in future, a Court Order - if one is really necessary - will do no more than set out in clear and simple terms the answer to this simple question.

For further help or advice, please contact Mark Hepworth on York 01904 561411 or via email mark.hepworth@lf-dt.com