A Child Arrangements Order is a Court Order that provides a clear legal framework for where a child lives, spends time, and how parental responsibilities are shared, always guided by the child’s best interests and welfare.
Child Arrangements Orders are governed by the Children Act 1989, which sets out the legal framework for resolving disputes about children in England and Wales.
This comprehensive guide explains how to navigate the process with a Child Arrangements Order to ensure your child’s best interests are protected.
At Elite Law Solicitors, our family law team have extensive experience of advising and assisting clients in relation to child contact arrangements. Our specialist family law solicitors are regulated by the Solicitors Regulation Authority and our firm has received over 1,400 reviews on ReviewSolicitors, the UK’s largest independent review platform for law firms.
If you need advice specific to your circumstances, please book a free initial consultation with one of our experienced family law solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
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What is a Child Arrangements Order?
A Child Arrangements Order is an order from the Court which details the arrangements for a child, including where the child will live and how they will spend time with each parent. Such an order made by the Court is legally binding on the parents of the child.
Child Arrangements Orders have replaced Contact Orders and Residence Orders, although parents who already have one of the older orders do not need to reapply for a new one.
What can a Child Arrangements Order decide?
A Child Arrangements Order will typically include a number of different conditions specifying where the child or children in question are to live, and who, how much, and under what conditions those with parental responsibility will get to contact them.
Some common stipulations made by a Child Arrangements Order include:
- Who the child will primarily live with
- Under what conditions the child will spend time with the other parent. These conditions can include when and how frequently visits will occur (whether after school, at certain weekends or on a monthly or less regular schedule), and where the visits will take place (for example, at the non-custodial parent’s home, at the child’s home, or in a public location)
- What kinds of contact the child will have outside of these visits (which could mean texts and phone calls, emails, or interactions over social media)
Contact Orders and Living With Orders
The above conditions relate to the two most common types of Child Arrangements Orders: Contact Orders and Living With Orders.
A Contact Order stipulates the terms on which a non-custodial parent can have contact with a child, while a living with order sets out where the child will live.
Specific Issue Orders and Prohibited Steps Orders
There are two further types of Child Arrangements Order: a specific issues order, and a Prohibited Steps Order.
Specific issues orders determine specific matters relating to the upbringing of a child, such as the sort of education they receive (for example what school they go to, or whether their education is religious).
A prohibited steps order limits a parent or guardian from taking a specific step, for example, preventing a child being moved out of the country.
Who can apply for a Child Arrangements Order?
A Child Arrangements Order is most commonly issued to the biological parents of a child when those parents separate or divorce. However, this is not always the case. Anyone who has parental responsibility can apply for a Child Arrangements Order UK, whether they are a biological parent, a step-parent, a guardian or another relative.
It is not entirely uncommon for grandparents, for example, to apply for a Child Protection Order if they feel their access to their grandchild is being unfairly restricted. However, unless the grandparent is also considered a guardian of the child, they would have to go through an additional step of applying to the Court for permission to seek a Child Arrangements Order before they can begin the process.
This same rule applies to anyone else in the child’s life who is not considered to have parental responsibility.
How to apply for a Child Arrangements Order UK
Making an application for a Child Arrangements Order involves a number of different stages. It is highly advisable to obtain specialist legal advice from the outset to ensure you successfully navigate the process and get the best possible child arrangements in place. If you are considering applying for a Child Arrangements Order book a free initial consultation with a Child Custody Solicitor by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
Attending a Mediation Information Assessment Meeting (MIAM)
The first step in applying for a Child Arrangements Order is to attend a Mediation Information Assessment Meeting (MIAM). All parties are required to attend this meeting, during which a qualified mediator will consider whether an agreement on child arrangements might be reached through an alternative dispute resolution process such as Family Mediation, or whether the case will need to go to the Court.
As with other aspects of divorce and family law, mediation is usually a cheaper and less demanding way of resolving disagreements between parties than going to the Court. However, mediation requires participants to enter the process with the intention of reaching an agreement through discussion.
Sometimes this won’t be possible, and in these instances the parents may proceed to seek an arrangement in Court. In some cases, this first step can be skipped if the mediator considers that the case is not suitable for mediation – for instance cases involving domestic violence may not be suitable.
Declaring your intent
If mediation is not a viable option, the next step is to submit a form to the Court with all relevant details and declaring your intent to seek a Child Arrangements Order.
If a solicitor hasn’t yet been consulted, at this point you may want to seek legal representation to help you prepare this paperwork to be lodged with the Court and issued and served on the other party, and to help prepare you for the Court hearings.
First hearing date
Once the Court has received all necessary paperwork, they will issue you with a first hearing date. At the initial hearing, the Court will focus on trying to understand the issues in dispute and what steps need to be taken to resolve them.
All parents and guardians will be required to attend, along with an officer of the Children and Family Court Advisory Service (CAFCASS) , although since the start of the coronavirus pandemic most hearings are conducted remotely either by telephone conference call or video link.
The Court will encourage the parties present to try to agree on a resolution, and if an agreement is made, they will convert this into a Court order, concluding the case.
A large number of cases are resolved at the first hearing, but if an agreement cannot be reached the case will proceed through further hearings, which may involve gathering further information on the case, having a CAFCASS officer spend time with the children and requiring parents to give evidence.
The Final Hearing
At the final hearing, the Court will make their decision on the arrangements, and record this in a Court order.
How the Family Court decides Child Arrangements
In a Child Arrangements Order hearing, the Family Court’s priority will always be the child’s welfare. The purpose of the order is to guarantee that arrangements have the child’s best interests in mind, and the Court will always have this as the primary consideration when making its decisions.
Beyond this guiding principle, some factors the Court may consider include:
- The wishes of the child
- The child’s needs (emotional, physical and educational)
- Whether the child has suffered, or is in danger of suffering from any sort of neglect or abuse
- The parents’ capacity to provide for the child and meet their needs
- How the changes to arrangements caused by the order may impact the child
- The limitations of the Court’s power to make changes to the child arrangements
What happens if a Child Arrangements Order is breached?
A Child Arrangements Order is legally binding. If the terms of the order are no longer being met by one party or the other, it is possible to ask the Courts to enforce the order.
Asking the Court to step in will trigger a process similar to the one you will have gone through to secure the order in the first place: a preliminary hearing will be scheduled, during which the Court will consider the reasons behind the non-compliance and whether CAFCASS should be involved, while also bearing in mind the best interests of the children at the centre of the case.
At the conclusion of this hearing, the Court will determine whether the Child Arrangements Order has been breached without reasonable excuse. If the Court decides this is the case, there are a number of possible next steps it could take.
If the Court feels that the parents would benefit, they might refer them to a mediator; otherwise they may decide to issue a Contact Enforcement Order or impose a fine or other punishment on the party who breached the initial order. Alternatively, they may decide to reconsider the terms of the order and issue it again with variations.
Enforcement of a Child Arrangements Order
If the Court considers a Child Arrangements Order to have been breached without reasonable excuse, then they have the power to issue a number of different sanctions to the party deemed to have breached the order.
These sanctions range from unpaid work to curfews and fines, and in very serious cases can even include committal to prison for contempt of Court. The Court can also order CAFCASS to check that all parties comply with any enforcement order issued.
It is important to note that the Court will always consider the welfare of the child or children involved as the absolute priority. The sanctions a Court can issue for breaches of a Child Arrangements Order are not simply to punish the parent, and the Court may not enforce sanctions that will have a detrimental effect on the child (i.e. by depriving them of access to a parent who has been imprisoned).
Can a Child Arrangements Order be changed?
If the Court deems it appropriate at the conclusion of an investigation into a breach of a Child Arrangements Order, it may decide to vary the order. This could include changing the terms of contact between a non-custodial guardian and child or even transferring custody entirely.
You can also seek to change a Child Arrangements Order without a breach having occurred. If all parties agree, the order can be amended with the help of a solicitor. However, if one party does not consent to any changes, then a further application to Court will be necessary.
During this process, CAFCASS may be again called upon to prepare a report detailing the wishes of the children involved in the case, to aid the Court in deciding whether the proposed changes are appropriate and in the child’s best interests.
How much does a Child Arrangements Order cost in the UK?
The cost of a Child Arrangements Order in the UK largely depends on how much help you will require from your solicitor or lawyer. The base cost of applying for a Court order is a fee of £263, but you can expect the largest expense to be the cost of legal advice.
The exact costs will depend on the complexity of the case, and whether an agreement can be reached through mediation, at a preliminary hearing, or whether the case goes all the way to a final hearing.
If the case is resolved quickly at mediation, Child Arrangements Order solicitor fees may stay quite low, but if the case makes it all the way to a final hearing costs could easily exceed £5,000.00.
Frequently Asked Questions about Child Arrangements Orders
How long does it take to get a Child Arrangements Order?
The length of time it takes to achieve a final Child Arrangements Order depends on a number of factors, such as the complexity of the case, the amicability of the parents and guardians involved, and whether there are any safeguarding concerns regarding the child or children in question.
The quickest way to achieve an agreement is through mediation. If all parties in question are open to mediation, the terms of the arrangement can be settled without ever having to go to the Court.
If the case does progress to the Court, it will usually take around six to eight weeks from when you submit the forms to apply for a Court hearing to when that preliminary hearing takes place.
If further hearings are required, there will be similar intervals of time between each hearing. If a CAFCASS officer is required to produce a report as part of the case, this can take around twelve weeks.
Including the preliminary steps of booking and attending the MIAM, preparing paperwork and attending Court, you can ultimately expect the case to take anywhere between three months and a year to be resolved and a final order produced.
Can I get an Emergency Child Arrangements Order?
If a child is suspected to be suffering from, or is in danger of suffering from harm, an Emergency Child Arrangements Order can be applied for.
To apply for an urgent Child Arrangements Order UK, you must submit a form, including a written statement explaining the reason for the urgency, to the Court. They will hear the case on the same day and, if they deem it appropriate, will serve an interim order without notifying the other party.
They will also list the matter for a second hearing, at which point the other party will be invited to present their arguments against the order.
Can grandparents apply for a Child Arrangements Order?
Applying for a Child Arrangements Order is not limited to parents only. Among others, grandparents can apply for an order if they are concerned for their grandchild or feel their access is being unfairly restricted.
However, only those with parental responsibility are eligible to apply for an order without first seeking the permission of the Court, so if a grandparent is not also considered to be a guardian they would have to go through the extra step of applying for parental responsibility first.
How long does a Child Arrangements Order last?
A Child Arrangements Order usually lasts until the child is sixteen, or eighteen in exceptional circumstances, unless the order specifically states otherwise. If separated parents move back into the same household, the order expires after six months of cohabitation.
Are Child Arrangements Orders legally binding?
Yes, a Child Arrangements Order is legally binding and can be enforced by the Court if it is breached.
What is Parental Responsibility?
Under Section 8 of the Children Act 1989, only parents or guardians deemed to have parental responsibility are allowed to apply for a Child Arrangements Order without first seeking the permission of the Court.
Parental responsibility is the umbrella term for the legal rights and responsibilities related to being a parent. Primarily this includes protecting, maintaining, and providing a home for a child, but also relates to responsibilities regarding the child’s discipline, education, medical treatment, name, and property.
There are a number of ways to gain parental responsibility for a child. A mother automatically has responsibility from birth, and a father usually does too, provided they are either married to the child’s mother or their name is on the child’s birth certificate.
Parental responsibility can also be conferred to a father through a Court order or an agreement with the mother. Civil partners both gain parental responsibility provided they were partners at the time of fertility treatment, otherwise they must also apply for an agreement or order.
How does travelling abroad work with a Child Arrangements Order?
When a Child Arrangements Order is in place, the consent of everyone with parental responsibility is typically required for taking the child abroad outside of the UK. This is crucial to prevent legal complications, including accusations of child abduction. When it comes to travelling abroad, transparency and clear communication is key.
For short trips, such as holidays, the permission might be more straightforward. However, if the intention is to move abroad, this generally requires more extensive legal procedures. As a result, for any long-term trips, it is advisable to enlist the help of a legal professional.
If consent cannot be obtained from the other parent, it may be necessary to seek a court order granting permission. The court will consider the child’s best interests, the reason for travel, and the impact on the existing arrangements. It can be a time-consuming process, but it is the most effective way to enforce the Child Arrangements Order.
Providing comprehensive travel plans, including dates, locations, and contact details, can facilitate consent from the other parent or the court. In essence, transparency will go a long way to ensuring everything happens without issue.
Can I change child’s surname when a Child Arrangements Order is in force?
To change a child’s surname legally, consent is required from all those with parental responsibility. This is especially important when a Child Arrangements Order is in place.
If one parent objects to the name change, the other parent can apply to the court for permission. The court will consider various factors, including the reasons for the name change and its potential impact on the child’s welfare and identity.
The court tends to view the child’s surname as an important aspect of their identity and will be cautious about permitting changes, particularly if it might affect the child’s relationship with either parent.
Can I get Legal Aid for a Child Arrangements Order?
Legal aid for Child Arrangements Orders is only available in limited circumstances and is subject to a means and merit test.
In cases involving domestic violence or child abuse, applicants are more likely to qualify for legal aid. However, evidence of abuse or violence would be required to support the application.
Do you need a Child Arrangements Order Solicitor?
Do you need a Child Arrangements Order Solicitor?When it comes to child arrangements, taking expert advice from a specialist family law solicitor will ensure that you have someone on your side who knows the law and understands how the Family Courts work.
Victoria Clarke is a Director and the Head of Family at Elite Law Solicitors; As a practising solicitor authorised by the Solicitors Regulation Authority, she has extensive experience of advising and assisting clients with child contact arrangements. She possesses the experience, legal expertise and practical know-how to guide you through the legal processes involved in matters relating to child contact.
Victoria regularly provides specialist children law advice to clients all over the country. In addition to office meetings, she offers remote meetings via telephone and video conferencing software and can assist you wherever you are based.
Book a FREE initial consultation
If you have any queries relating to any of the issues discussed in this article or would like any advice or assistance in relation to child contact arrangements, please book a free initial consultation with one of our family law experts by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified family law solicitors such as those within our firm.
