Part 3: 'Children Act' Series - Child Arrangements

Child Arrangements

Parents, carers of children, or other family members, may be unable to agree arrangements for a child or children when relationships break down.

If you have been unable to agree suitable arrangements through mediation, or if you are exempt from mediation for any particular reason, then you can apply to the Family Court for decisions to be made, for what is in the best interest(s) of the child or children concerned.

What is a Child Arrangements Order?

A Child Arrangement Order will then determine the “live with” element (whom the child or children live(s) with) and “time spend element” (how much time they spend with or have contact with) any person. This is usually done by way of an application to the Family Court under Section 8 of the Children Act 1989.

There are various stages in the application process that will usually require at least one Court Hearing, possibly more. Any Order is then finalised by the Family Court at the end of the case when appropriate decisions have been made for the child or children concerned and becomes legally binding.

How long is a Child Arrangements Order valid for?

If you obtain a “live with” Order from the Family Court, this will usually be in place until the child turns 18.

The “time spend” element will usually be in place until a child turns 16, unless the Court Order specifies otherwise.

Can the Child Arrangements Order be changed?

Yes, it can.

If the parties agree, then any changes can be recorded informally. Any deviation from the Child Arrangements Order would not be enforceable as a “breach” in those circumstances. You can then go back to the terms of the original Child Arrangements Order at any time.

If circumstances change, or the best interests of the child or children change over time, then you can go back to the Family Court for further guidance by way of an application to vary the Child Arrangements Order.

How can we help?

It is important that you obtain expert advice when dealing with pension division in divorce. Our team of specialist family solicitors are adept at providing you with the expert guidance you need.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

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