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What is a Child Arrangement Order?

Updated on May 26, 2024

| Children, Family & Divorce

Our family solicitor’s guide to children matters and applying for a child arrangement order

Understandably, divorcing couples want to do what is in their children’s best interest; however, determining what is in a child’s best interest is not always straightforward and reaching a fair agreement can be difficult if the parents have a poor relationship with each other. If you and your ex-partner cannot agree on how the children should be raised going forward, a Child Arrangement Order can be a useful solution.

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What is a Child Arrangement Order?

A Child Arrangement Order is an order that regulates with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person. This replaces the previous Residence and Contact Orders which in turn replaced the terms ‘custody’ and ‘access’.

All Child Arrangement Orders prioritise the child’s welfare above all else and are legally binding. Understandably, this is often a very emotionally strenuous process for everyone involved – before you seek a Child Arrangement Order, please understand that decisions made by the Court are in your child’s best interest and your family law solicitor will be providing advice on this same basis.

Other orders include Specific Issues and Prohibited Steps Orders: A Specific Issues Order determines certain matters regarding how a parent wishes for their children to be raised. For example, a it can allow a parent to change their child’s name religion, or choose where they can go to school. Alternatively, a Prohibited Steps Order disallows parents to do certain things, such as move abroad with the child or removing the child from their nursery/school.

Do we have to get a Child Arrangement Order if we cannot agree?

Child Arrangement Orders are legally binding and will usually involve going to court, which can be expensive and stressful. If possible, family mediation can help you reach an agreement by providing a mutual space to meet with a legal expert who can help you conduct a civil negotiation and provide information on the law. It is also faster, less expensive and can allow for the family to decide for themselves how the children will spend time with their parents – however, for mediation to work you and your ex-partner must both be prepared to listen and seek an arrangement that is fair.

There are certain situations in which mediation is not suitable, for example if there was domestic abuse or if the situation is urgent.

Our solicitors can assist with mediation regarding any Family & Divorce matter.

Who can apply for a Child Arrangement Order?

You do not have to be a child’s biological (or adopted) parent to apply for a Child Arrangement Order. If you are a grandparent, aunt/uncle, step-parent or other direct relative, you may be able to make a Child Arrangement Order if you feel you are being denied the opportunity to see the child without fair reason. However, unless you are already considered to have Parental Responsibility over the child, you will have to request permission from the court to do so.

Parental Responsibility emphasises the importance of responsibility for children, not their rights over the children and is defined in s 3(1), Children Act 1989 as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’

The mother of a child automatically has Parental Responsibility, as would a father who is married to the mother at the time of the child’s birth or after 1 December 2003, if his name is on the birth certificate at the time of registration or re-registration of the birth.

Alternative ways to acquire Parental Responsibility are as follows:

Parental Responsibility agreement with the mother or by order of the Court
Where a lesbian couple have a child together through fertility treatment, the mother’s partner will have Parental Responsibility if she is registered as a parent on the child’s birth certificate or enters into an agreement with the child’s mother or if the women are in a civil partnership
A step-parent who is married to or the civil partner of one of the child’s parents may acquire Parental Responsibility

What can a Child Arrangement Order include?

Some of the things that a Child Arrangement Order may include are:

Where the child will live
How frequently they will see the parent they do not live with
When and/or where they’re allowed to spend time with their other parent
How the other parent is allowed to communicate with them outside of time spent together

How do courts decide where children will live?

The Court’s decision on where the child will live is entirely dictated by what is in the child’s best interest. Some of the things that will be taken into consideration include:

Where the child wishes to live – this depends on the child’s age, as the older they are the more weight their wishes will carry. However, this will not be the only factor taken into account.
The emotional, physical and educational needs of the child
How well each parent can provide for the child
Whether the child has suffered from neglect or abuse, or is in danger of suffering neglect or abuse
How changes to the current arrangement may have an impact on the child

What can I do if I believe the other parent is a threat to my child’s safety?

Part of the purpose of a Child Arrangement Order is to protect children from harm; therefore, if you can prove that the other parent poses a danger to your child’s safety and wellbeing, you can apply for a Prohibited Steps Order to prevent them from being able to see your child. You can make an urgent application for such an order if you think the other parent is dangerous without them being there; however, there will be a second hearing in which the other parent can defend themselves. This application can be made without notice being given to the other parent.

You cannot prevent the other parent from being able to see your child if they are not a threat to your child’s wellbeing.

How do I apply for a Child Arrangement Order?

Here is an outline of the common steps:

Attend a Mediation Information Assessment Meeting (MIAM) – This meeting will conclude whether it is possible to reach an agreement through formal mediation, rather than taking the matter to court. Both parents are required to be present for this meeting. However, this meeting may not proceed if the mediator believes an agreement cannot be reached through mediation, such as in cases where domestic abuse took place.
Apply to the Court – If the MIAM determined that mediation would be ineffective, you will need to apply for a Child Arrangement Order to the court with relevant information about your relationship with your ex-partner, your children, and your circumstances. If you have not yet spoken with a solicitor, you may want to do so before this application and afterwards in order to prepare you for the hearing.
The First Hearing Dispute Resolution (also known as an FHDRA) – The First Hearing Dispute Resolution Appointment (FHDRA) is ordinarily the first hearing concerning child arrangements. The other parent and anyone else with Parental Responsibility must attend this. Prior to the hearing, an officer of the Children and Family Court Advisory Support Service (CAFCASS) will contact yourself and the other party to discuss your concerns. They will conduct some welfare checks and prepare a safeguarding letter to the Court. They will also be present at the hearing and assist in trying to reach an agreement. If successful, the court will issue the court order as per the agreement. You should go into your first hearing determined to reach a solution – if you are unsuccessful, the court will decide on the next steps, which may include a CAFCASS officer preparing a report and the parties filing statements.
Further Hearings – A Dispute Resolution Appointment (DRA) is a hearing that takes place before the final hearing. By this point the Court will have all the reports, statements and any other information required to make a decision. If at this hearing no agreement can be reached the matter will be listed for final hearing. At the final hearing, the Court will hear evidence from the parties and the CAFCASS officer if there is one and then make a final decision.

What happens if a parent or guardian breaches a Child Arrangement Order?

Breaching a Child Arrangement Order without a reasonable excuse can have serious consequences for the parent. They can be fined, given a curfew, sued for financial compensation by the other parent or in extreme cases, imprisoned. The Child Arrangement Order can also be changed following a breach to reflect on the parent’s behaviour.

However, punishments for Child Arrangement Orders cannot be given if they would have a detrimental effect on the child’s welfare; for example, a parent will not be imprisoned if doing so would have a detrimental effect on the child’s wellbeing.

If you feel your child’s other parent is acting in defiance of the order, you may need to contact a solicitor to enforce the order. Our Family Law team can help you by discussing the options with you, making the appropriate application to Court and, if necessary, taking the issue to court and seeking compensations or changes to the order.

Can I change a Child Arrangement Order after it has been made?

You can apply to vary a Child Arrangement Order if your circumstances have changed. If you and the other parent agree on the changes, you can do this with the help of a solicitor. If you cannot agree, you may have to go to court.

The court may also vary a Child Arrangement Order if it has been breached by either parent. This can even lead to a parent being disallowed from having any further contact with their child, if it is believed the child is unsafe around them.

How long will it take to get a Child Arrangement Order?

After the application has been made, it could be take six to eight weeks before the first hearing. If subsequent hearings are required, it can take even longer before a final Child Arrangement Order is granted. Including booking the MIAM and preparing for hearings, the entire process can take anywhere from three months to a year.

The sooner you have an arrangement agreed, the less stress you and your children will have to face. The fastest way to resolve the matter will usually be through mediation, and by keeping a civil relationship with the other parent.

How much does it cost to get a Child Arrangement Order?

The amount you will need to pay will ultimately depend on how soon an agreement can be reached. If you can resolve the matter through mediation, you will only need to pay the mediation fees, any solicitors costs in seeking a formal Court Order and the Court fee of £215. If not, an application to the court will cost £232 and you will likely have to pay more for legal advice, with the cost increasing the longer it takes to reach a conclusion.

How Long Does a Child Arrangement Order Last?

A ‘spend time with’ order expires when the child turns sixteen and a ‘live with order’ will expire when the child turns eighteen, or within six months of the parents beginning to cohabit together should this occur. As mentioned, it can be varied sooner should it no longer be deemed acceptable.

How Starck Uberoi Solicitors can help

We at Starck Uberoi understand how challenging it can be for everyone involved when trying to resolve issues concerning children. Our specialist family and divorce solicitors will take the time to listen to your concerns and can help you find a solution that works for you and your children.

To book an appointment with a solicitor, please call 020 8840 6640 or email family@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, London Belgravia and Canterbury, all of which can be easily reached via public transport. Our partner, Raminder Singh Uberoi, can also provide a Notary Public service at any of our offices.