If you are looking for a Child Arrangements Order solicitor, the specialist family team at Johnson Astills can help. A Child Arrangements Order, as it is formally known, is the order the family court makes when parents cannot agree on the arrangements for their children after separation, and it has been the court’s principal tool in these disputes since 2014. This article explains what the order covers, who can apply for one, how the application process works step by step, and what happens once an order is in place.
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What Does A Child Arrangements Order Cover?
A Child Arrangements Order is made under section 8 of the Children Act 1989. It decides with whom a child should live, and with whom the child is to spend time or otherwise have contact, and when. It may provide for a child to live with one parent and spend defined time with the other, or to divide their time between two homes, and it can include instructions relating to indirect contact, such as telephone and video calls, where direct time is limited.
The order can be as detailed or as flexible as the case requires, covering weekends, school holidays, handovers, and special occasions. Related questions that fall outside living and contact arrangements, such as which school a child should attend or whether a child may be taken abroad, are dealt with by specific issue orders and prohibited steps orders, which can be sought in the same application where needed.
Who Can Apply For A Child Arrangements Order?
Parents can apply for a Child Arrangements Order as of right, whether or not they hold parental responsibility. The same right is afforded to step-parents who are, or were, married to or in a civil partnership with a parent and who treated the child as a child of the family, as well as to guardians and anyone with whom the child has lived for at least three years. Other people, including most grandparents and wider relatives, must first obtain the court’s permission to apply.
An order can also be varied or discharged on a further application if circumstances change materially after it is made, for example, where a parent relocates or the arrangements cease to meet the child’s needs as they grow older.
How Does The Application Process Work?
Unless an exemption applies, the applicant must first attend a mediation information and assessment meeting to consider whether the dispute can be resolved without proceedings. Exemptions include cases involving domestic abuse and cases of genuine urgency.
The application itself is made on form C100, accompanied by a court fee. If allegations of harm or domestic abuse are raised, a supplementary form C1A is filed as well. Once issued, the application is served on the other party and referred to Cafcass, which carries out safeguarding checks with the police and local authority and speaks to both parties by telephone before the first hearing.
The first hearing dispute resolution appointment usually takes place some weeks after issue. Its purpose is to identify the issues and explore whether agreement can be reached, and a Cafcass officer is normally available at court to assist. If the case cannot be resolved, the court gives directions for evidence, which may include statements from the parties, a welfare report under section 7 of the Children Act 1989, drug or alcohol testing, or a fact-finding hearing where disputed allegations of abuse must be determined first. A dispute resolution appointment then reviews the case, and any remaining issues are decided at a final hearing, where the court hears oral evidence and makes the order it considers best serves the child’s welfare.
How Long Does A Child Arrangements Order Last, And What Happens If It Is Breached?
Provisions dealing with whom a child spends time with normally last until the child is 16, while provisions about whom the child lives with can last until 18, although in practice courts rarely regulate the lives of older teenagers against their wishes. Every order carries a warning notice explaining the consequences of non-compliance.
If an order is breached without reasonable excuse, the parent affected can apply to the court for enforcement. The court’s powers include varying the arrangements, ordering unpaid work, awarding compensation for financial loss, and in serious cases, penalties for contempt.
Do I Need A Solicitor For A Child Arrangements Order?
Strictly speaking, no. There is no requirement to be legally represented when making or responding to a Child Arrangements Order application. In practice, however, given the seriousness of the issues involved, most people opt to seek expert help to ensure their interests, and those of their child, are fully protected.
Taking Legal Advice
Because so much in these cases turns on early decisions, Johnson Astills offers a fixed fee initial consultation with a specialist family solicitor. For a clear, agreed price you will receive tailored advice on your prospects, the realistic range of outcomes, and the most proportionate route forward, whether that is negotiation, mediation or an application to the court.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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