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Understanding Child Arrangement Orders in UK Family Law

When parents separate or divorce in the UK, making arrangements for the children is often the most important and emotionally challenging issue to resolve. If the parents cannot agree on matters like where the children will live and how much time they will spend with each parent, they may need to seek a child arrangement order from the family court. In this article, we’ll provide an overview of child arrangement orders and the role of family lawyers in the process.

What is a Child Arrangement Order?

A child arrangement order is a court order that specifies the living and contact arrangements for a child when their parents separate. According to Section 8 of the Children Act 1989:

“In this Act — “a contact order” means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other;”

The order can stipulate details such as:

• Where the child will live (formerly called “residence”)
• When and how much time the child will spend with each parent (formerly called “contact”)
• When and what types of other contact will take place (phone calls, emails, etc.)

The paramount concern of the family court in making a child arrangement order is the welfare and best interests of the child. The court will consider various factors, including the child’s wishes and feelings (taking into account their age and understanding), their physical and emotional needs, the likely effect of any change in circumstances, and any risk of harm.

Applying for a Child Arrangement Order

If you need to apply for a child arrangement order, it’s highly advisable to seek legal advice from an experienced family law solicitor. They can help you understand your rights and options, negotiate with the other parent (and their family lawyer if applicable), and prepare a strong case to present in court if needed.

Before applying to the court, you’ll need to attend a Mediation Information and Assessment Meeting (MIAM) to see if mediation could help you reach an agreement without going to court. There are exceptions to this requirement, such as in cases involving domestic violence.

If mediation is unsuitable or unsuccessful, your family lawyer can assist you in completing the C100 court application form and submitting it to your nearest family court. The court will then set a date for a First Hearing Dispute Resolution Appointment (FHDRA).

The First Hearing and Beyond

At the FHDRA, the judge will see if there’s any chance the parents could still reach an agreement. If not, they will identify the key issues in dispute and consider what evidence is needed to make a decision. The judge may order a Cafcass (Children and Family Court Advisory and Support Service) report to assess the child’s welfare and make recommendations.

If a full hearing is required, both parents (typically represented by their child custody lawyers) will have an opportunity to present their evidence and arguments. The judge will then make a decision and issue the child arrangement order.

It’s important to note that child arrangement orders are legally binding. If a parent breaches the order without good reason, they could face penalties such as fines, enforcement orders, or even imprisonment in serious cases. If circumstances change in the future, a parent can apply to the court to vary or discharge the order.

Getting Legal Support

Navigating the complexities of child arrangement orders can be daunting, especially when you’re already going through the emotional upheaval of a separation or divorce. Having a skilled family lawyer on your side can make a world of difference in understanding the process, protecting your rights, and securing the best outcome for your children.

For more information and insights from a leading family law expert, check out this informative YouTube channel on UK family law.

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.