Children: Child Arrangements Orders

What is a Child Arrangements Order?

A Child Arrangements Order is a legal instrument issued by family courts to outline the living and contact arrangements for children whose parents have separated or who are otherwise unable to agree on these issues.

What does a Child Arrangements Order do?

A Child Arrangements Order can specify various aspects of a child’s living situation. It can determine with whom a child is to live, spend time, or otherwise have contact. This includes setting out specific details about the days and times the child will be with each parent, as well as arrangements for holidays and special occasions. The order can also include provisions for indirect contact, such as phone calls, letters, or online communication, ensuring that the child maintains a connection with both parents even if direct contact is not feasible.

How do I obtain a Child Arrangements Order?

The process of obtaining a Child Arrangements Order typically begins with mediation, aimed at helping parents reach an agreement without the need for court intervention. If mediation fails, an application can be made to the family court under Section 8 of the Children Act 1989. If the parents can agree upon the arrangements, they can apply to the court for Child Arrangements Order by consent.

Who can apply for a Child Arrangements Order?

Parents or guardians of the child are eligible to apply without the court’s permission. Certain other individuals can also apply without needing the court's permission, such as:

• anyone with parental responsibility for the child

• anyone who is named in a Child Arrangements Order as the person with whom a child lives

• a person with whom the child has lived for a period of 3 years.

The above list is not exhaustive. Others, including grandparents, extended family members, or close friends who have a significant relationship with the child, can apply but typically require the court's permission to proceed.

The court's primary consideration in granting permission will be the child's welfare, assessing the applicant's connection to the child, the merits of their application, and the potential impact of their application on the child.

What factors does the Court consider when making a Child Arrangements Order?

The court’s primary focus is the welfare and best interests of the child. The court will then consider various factors, such as:

• the child's wishes and feelings (depending on their age and understanding)

• the child's physical, emotional, and educational needs

• the potential impact of any changes on their well-being

• the child’s age, sex, background and any characteristics which the court considers relevant

• any harm the child has suffered or is at risk of suffering

• the capability of each parent to meet the child's needs

• the range of powers available to the court in the proceedings in question

It is important to note that none of the factors will determine the outcome of an application in isolation. They will all be considered subject to the facts of each individual case.

How Can Lawson West Help You?

The firm provides caring and supportive legal advice to families with matters ranging from pre-nuptials, divorces (including ex-pat divorces in foreign jurisdictions), separation, relationships, child care, parents and grandparents rights.

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If you do need to talk through your personal relationship circumstances with someone who's completely independent and unbiased, please do talk to us. We're here to help and advise you and help you through the personal problems you face. You can rely on our experience, expertise and emotional support to put you on the right course of action, a path that's totally right for your situation.

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