What is a Child Arrangements Order?

If you have children, it can be very stressful trying to organise their living arrangements when a relationship has broken down. Whether you are getting a divorce, or you’re no longer co-habiting, you can make a formal order through the Court for child arrangements. So, what is a Child Arrangements Order? We explain how this works and what you need to consider.

Child Arrangements Order explained

A Child Arrangements Order is a legal agreement that governs where your child will live and with whom. It’s usually made when parents cannot agree and can include specific days and times when contact should be made. As everyone’s personal circumstances are different, Child Arrangements Orders vary accordingly. The main objective is to protect the child at all costs in terms of their best interests, individual needs and wellbeing.

Child Arrangements Orders are governed by a particular area of law, Section 8 of the Children Act 1989. There are three orders within Section 8: Child Arrangements Order, Prohibited Steps Order and a Specific Issue Order.

A Prohibited Steps Order prevents parents from taking certain steps or making a decision for a child without permission of the Court. A Specific Issue Order would be made in relation to a particular course of action to resolve a dispute relating to the child’s upbringing such as dispute over schooling or medical issues.

When it comes to Child Arrangements Orders, the aim is to ensure a parental plan is followed to ensure safety and stability for the child. Parents might agree for the children stay at their respective homes on rotating weeks and weekends. There can also be instances where the order gives parental responsibility to another person other than a parent or guardian, such as a grandparent.

As a child gets older, there might be occasions when the Child Arrangements Order needs to be varied to reflect a change of circumstances. If one parent moves house and they are far from the child’s school, for example, a different parental plan might need to be created. Unless there are any changes, the order will stay in force until the child reaches 18 years.

How to apply for a Child Arrangements Order

If you or your partner cannot agree on arrangements for your children, then you might be asked to attend a Mediation Information Assessment meeting (MIAM). Led by a qualified mediator, their aim is to see if an agreement can be reached without the matter going to Court. If you still cannot agree, then your family law solicitor may then suggest applying for a Child Arrangements Order.

Before applying for a Child Arrangements Order, you will need to consider when you would like to spend time with your child. Depending on their age, it’s important for children to have their say on any life-changing decisions. A relationship breakdown or divorce can be very traumatic for a child.

As an example, one of our family law team had a case where a mother and father with one child had recently separated. The mother had denied the father contact with their son. The father tried to engage the mother through mediation to come to an arrangement, however, neither party could agree.

The father made an application for a Child Arrangements Order. After the Court had considered all the circumstances, contact was ordered between the father and the son at a high level. The Court felt that the relationship between the father and his son was extremely positive, and their meaningful relationship should continue.

What happens after you’ve applied for a Child Arrangements Order?

The length of time to obtain a Child Arrangements Order will depend on the complexity of the case and how long it takes for the parents to reach agreement. The process can take a few weeks or even a couple of years, especially if there are safeguarding concerns. However, child arrangements can be agreed at the first hearing unless there are disputes between parents.

When the Child Arrangements Order has been issued, the Court will decide what’s in the best interests of the child, even if this is an unequal division of time. If either of the parents’ circumstances change, the order can be amended. Always consider your child’s wellbeing, especially if they are settled at their school and take part in any local activities.

Do you need a Child Arrangements Order?

A Child Arrangements Order offers stability for children, ensuring their needs are met and enabling them to maintain relationships with both parents. This is important for both their emotional and psychological health, especially if the parental split has been acrimonious. Always seek professional advice from a solicitor experienced in family law when you are considering child arrangements.

At Salusbury Harding and Barlow, we have the expertise and experience to help you apply for a Child Arrangements Order. Our sympathetic and caring family law team understand the distress caused by a relationship breakdown. You will always be made to feel relaxed and as comfortable as possible, and the process will be explained to you step by step.

If you need advice on child arrangements, please get in touch or email: Carly.Price@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.