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Understanding Child Arrangement Orders in the UK

When parents separate or divorce in the UK, making arrangements for the children is often the most important and emotionally charged issue that needs to be resolved. If the parents cannot agree on the arrangements between themselves, they may need to apply to the court for a Child Arrangements Order. In this article, we’ll explain what Child Arrangements Orders are, how they work, and the role that family lawyers play in the process.

What is a Child Arrangements Order?

A Child Arrangements Order is an order made by the family court under section 8 of the Children Act 1989. The order sets out:

• where a child will live
• when a child will spend time with each parent
• when and what other types of contact will take place (phone calls, etc)

Child Arrangements Orders replace the previous Residence and Contact Orders. The change in terminology shifts the focus from the rights of parents to the best interests of the child.

The Children Act 1989, section 1(1) states:

“When a court determines any question with respect to—
(a)the upbringing of a child; or
(b)the administration of a child’s property or the application of any income arising from it,
the child’s welfare shall be the court’s paramount consideration.”

Applying for a Child Arrangements Order

Before applying to the court, parents are required to attend a Mediation Information and Assessment Meeting (MIAM) to see if mediation could help them reach an agreement. There are exceptions, such as cases involving domestic violence.

If mediation is unsuccessful or inappropriate, a parent can apply for a Child Arrangements Order using Form C100. The application is usually submitted to the family law court closest to where the child lives.

It is highly advisable to seek the advice and assistance of an experienced family law solicitor when making an application. They can help ensure the application is completed correctly and that your case is presented in the best possible light.

The Child Arrangements Order Process

Once an application is made, the court will set a date for a First Hearing Dispute Resolution Appointment (FHDRA). At this hearing, the judge will see if an agreement can be reached. If not, they will identify the issues in dispute and set out how the case will proceed.

The court may order a Cafcass (Children and Family Court Advisory and Support Service) report. A Cafcass officer will talk to both parents and the child (if old enough) and provide a report to the court on what arrangements they believe are in the child’s best interests.

If matters remain unresolved, a final hearing will be scheduled where both parties can give evidence. The judge will then make a decision based on what they believe is in the child’s best welfare.

Factors the Court Considers

When deciding on child arrangements, the court’s paramount consideration is the child’s welfare. They will consider factors set out in the welfare checklist in section 1(3) of the Children Act 1989, including:

• The ascertainable wishes and feelings of the child concerned
• The child’s physical, emotional and educational needs
• The likely effect of any change in the child’s circumstances
• The child’s age, sex, background and any characteristics which the court considers relevant
• Any harm which the child has suffered or is at risk of suffering
• How capable each of the parents is of meeting the child’s needs

Enforcing and Changing Child Arrangements Orders

If a parent fails to comply with a Child Arrangements Order, the other parent can apply to the court to enforce the order. The court has various powers to deal with breaches, including fines and even imprisonment in serious cases.

Child Arrangements Orders can also be varied if there is a significant change in circumstances. Again, it is best to seek the advice of a child custody lawyer if you are considering applying to change an existing order.

Child Arrangements Orders are a complex and often emotionally fraught area of family law. For expert advice and representation, consider contacting the Family Law Expert, a leading UK family law YouTube channel.

Whether you’re dealing with divorce, domestic abuse, or need to speak to a family court lawyer, getting the right legal advice early on can make all the difference. A skilled family lawyer can guide you through the legal process, help negotiate agreements, and robustly represent your interests in court if needed.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.