If you are looking for a solicitor who deals with Child Arrangements Orders, 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 with the help of our custody solicitors.
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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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 when needed.
Who can apply for a Child Arrangements Order?
Parents are automatically able to apply for a Child Arrangements Order, 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, suspended or discharged on a further application to the Court if circumstances change materially after it is made, for example, when 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 person wishing to make an application must first attend a mediation information and assessment meeting (MIAM) to consider whether the dispute can be resolved without proceedings. Exemptions to mediation often include cases involving domestic abuse and cases of genuine urgency, for example if a parent has removed the children from the home in which they usually live.
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 sent to the other party and referred to the Children and Family Court Advisory and Support Service (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 (FHDRA) usually takes place some weeks after the application has been issued. Its purpose is to identify the issues in dispute and explore whether agreement can be reached, and a CFACASS officer is often available at court to assist. If the case cannot be resolved, the Court makes an Order in respect of the evidence required, 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 (DRA) is a further Court Hearing at which the case is reviewed, and any remaining issues are decided at a Final Hearing, where the court may hear oral evidence from the author of the Section 7 Report, if relevant and sometimes the parties themselves 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, which can include a term of imprisonment of up to two years.
Do I need a solicitor to apply 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 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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