Children law – child arrangements orders & disputes
Child Arrangements Mediation
Help in agreeing child arrangements with Mediation services.
Orders & Disputes
An order from the Court which details the arrangements for a child.
What is a Child Arrangements Order?
A child arrangements order is a court order that sets out who has responsibility for the care of a child, including who they live with and how often they will see/have contact with both parents.
Most commonly used in cases where the parents cannot reach an agreement on how to share the care of their children, the purpose of the order is to ensure that the child’s welfare is the first and foremost consideration.
Mediation Before Court Order
Family Mediation is a process designed to resolve family disputes with the help of an independent, trained mediator. This process is particularly beneficial for separating couples dealing with issues related to children. The mediator facilitates negotiation, helping to find a solution that works for both parties.
Where there are issues related to children and finances, the Court will expect the parties to consider mediation before applying to the court to hear their case.
Taking professional advice from a specialist family lawyer will ensure that you have someone on your side who knows the law and understands how the courts work.
We can help you to understand the likely outcome of the order and help you to change or improve the outcome.
Areas We Cover
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Mediation services
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Child Arrangements Order – who a child lives with and how much time they spend with the other parent including the type of contact
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Preventing a parent from doing something – prohibited steps order
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Requiring someone to do something – specific issue order
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Legal rights and restricting those rights – parental responsibility
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Children’s name – change of name
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Children moving abroad or to another area of the country – international or national relocation
In situations where there are serious concerns about child’s immediate safety and welfare, we are able to act urgently to provide them with protection through court orders.
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Andrew possesses the experience, legal expertise, mediation qualifications and practical know-how to guide you through the legal processes involved in matters relating to child contact.
Child Arrangements Order
What to Expect:
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, 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.
The Process:
Making an application for a Child Arrangements Order
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.
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 mediation, or whether the case will need to go to the Court.
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 to seek a Child Arrangements Order
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) .
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.
If an agreement cannot be reached the case will proceed through further hearings. This may involve gathering further information on the case, having a CAFCASS officer prepare a report making recommendations to the court, and in some circumstances gathering further expert evidence.
Further hearings
Once all necessary evidence has been collected further hearings will take place to allow the parties to attempt to agree arrangements. If an agreement can still not be reached, the case will be listed for a final hearing, and the parties will be directed to file statements.
The final hearing
At the final hearing, all parties will be required to give evidence in cross-examination. The Court will make their decision on the arrangements, and record this in a Court order.
What will the Courts consider?
In a Child Arrangement Order hearing, the 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 can a Child Arrangement Order include?
A Child Arrangement 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 Arrangement 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 Arrangement 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 Arrangement 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.
How long does it take to get a Child Arrangement Order?
The length of time it takes to achieve a final Child Arrangement 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.
- 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
The suggestions offered are tailored to your individual situation, whether you are facing challenges in finances, property matters, or with your children. We collaborate to devise a plan that is best suited for you.
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FAQ
When considering a child arrangements order we would encourage our clients to use mediation as a means of finding a suitable arrangement for all parties in the first instance. If an arrangement cannot be agreed upon in mediation we would then discuss the process of going through the courts and provide you with information regarding fees for this.
It is always best if the parents can agree between themselves. However, a good solicitor will be able to give you impartial advice about where a child should live, visiting arrangements and communication between parents. One of our specialists will be able to tell you where you stand and help you to work out your options. We also have a network of contacts including mediators, counsellors and other health experts who can help you and your children.
Yes. Courts work on a principle of non-intervention and only get directly involved where there are clear child protection issues where the parents are unable to agree on any important aspect of their child’s upbringing. Our approach is to try to reach an agreement with the minimum of fuss. We regard court proceedings as the last option.
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.
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.
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.
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.
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.
The courts paramount concern is the welfare of the child. The court can decide who a child lives with and how others are allowed to have contact with the child. The court can make orders prohibiting certain actions in relation to a child and the court can make an order dealing with a specific issue, relating, for example, to a child’s health or education.
Yes, a Child Arrangement Order is legally binding and can be enforced by the Court if it is breached.
A Child Arrangement 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 Arrangement 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.
If the Court considers a Child Arrangement 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 Arrangement 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).
If the Court deems it appropriate at the conclusion of an investigation into a breach of a Child Arrangement 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 Arrangement 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.
The cost of a Child Arrangement Order 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 £255, 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 solicitors’ 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.
Legal aid for Child Arrangement 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.
If a child is suspected to be suffering from, or is in danger of suffering from harm, an Emergency Child Arrangement Order can be applied for.
To apply for an emergency order, 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.
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