Navigating Child Arrangement Orders in UK Family Law

When a relationship breaks down and children are involved, one of the most crucial aspects to consider is the living and contact arrangements for the children. In the UK, family law solicitors often deal with Child Arrangement Orders, which are legal orders that determine where a child will live and how much time they will spend with each parent.

What is a Child Arrangement Order?

A Child Arrangement Order is a court order that regulates the arrangements for a child, including where they will live, who they will spend time with, and any other specific issues related to their upbringing. These orders replaced the previous Residence and Contact Orders in 2014.

Family lawyers can assist parents in applying for a Child Arrangement Order when they cannot agree on the arrangements for their children. The court’s primary concern is always the child’s welfare, and they will consider various factors when making a decision, such as:

• The child’s wishes and feelings, depending on their age and understanding
• 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 relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• The capability of each parent to meet the child’s needs

The Role of CAFCASS

When a Child Arrangement Order application is made, the Children and Family Court Advisory and Support Service (CAFCASS) will become involved. CAFCASS is an independent body that represents children in family court proceedings and ensures that their voices are heard.

A CAFCASS officer will conduct safeguarding checks and prepare a report for the court, which will include recommendations on the child’s best interests. They may also interview the child to ascertain their wishes and feelings, depending on the child’s age and understanding.

The Court Process

When a Child Arrangement Order application is made, the court will first arrange a First Hearing Dispute Resolution Appointment (FHDRA). This hearing aims to identify the issues in dispute and see if an agreement can be reached between the parties. If an agreement is not possible, the court may order a Fact-Finding Hearing to determine any disputed facts, such as allegations of domestic violence.

If the case proceeds to a final hearing, the court will consider all the evidence, including the CAFCASS report, and make a decision based on the child’s best interests. The Children Act 1989, Section 1(3) states:

“In the circumstances mentioned in subsection (4), a court shall have regard in particular to:

(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b)his physical, emotional and educational needs;

(c)the likely effect on him of any change in his circumstances;

(d)his age, sex, background and any characteristics of his which the court considers relevant;

(e)any harm which he has suffered or is at risk of suffering;

(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g)the range of powers available to the court under this Act in the proceedings in question.”

Source: Children Act 1989, Section 1

The Importance of Legal Advice

Navigating the complexities of Child Arrangement Orders can be challenging, which is why seeking legal advice from experienced family law solicitors is essential. They can provide guidance on the legal process, help gather evidence to support your case, and represent you in court proceedings.

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Remember, the court’s primary concern is always the child’s welfare, and they will make decisions based on the child’s best interests. By working with skilled family lawyers, you can ensure that your child’s needs are met and that their voice is heard throughout the legal process.

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.