A Child Arrangements Order is a court order under the Children Act 1989 that sets out the practical arrangements for a child after parents separate. It typically specifies:
- Where the child will live
- When and how the child will spend time with the other parent or family members
- How the child will have contact (in person, by phone, video call, etc.)
The court’s primary focus is always the child’s welfare, and it will only make an order if it is better for the child than making no order (the “no order principle”).
What is a Child Arrangements Order?
A Child Arrangements Order is an order of the Court about where a child lives and when a child will spend time with other family members (parents or relatives) after they separate.
What does a Child Arrangements Order cover?
It covers living arrangements, contact schedules, holiday time, communication methods, and sometimes more detailed provisions depending on the child’s needs.
How do I apply for a Child Arrangements Order?
In most cases, you will need to attend a Mediation Information and Assessment Meeting (MIAM) before applying for a Child Arrangements Order. If mediation is deemed unsuitable or unsuccessful, you can apply to the family court using a C100 form.
How does the court decide on child arrangements?
The court applies the welfare checklist. They take into account all the factors affecting the child’s welfare including the child’s needs, wishes and feelings (if they have any age and understanding) the risk of harm and which parent can meet the child’s needs better.
How long does a Child Arrangements Order last?
The order will normally last until the child is 16, although some of its provisions (mainly relating to where a child lives) can continue until the child is 18.
Can a Child Arrangements Order be changed?
Yes. Parents can agree to a variation of a child arrangement order if their circumstances change. If they are not in agreement, one or both of the parents can apply to the court for a formal variation of the order.
What happens if a parent breaches a Child Arrangements Order?
The court can enforce the order. Potential consequences include warnings, unpaid work requirements, fines, compensation for losses, or in serious cases, imprisonment.
Do I need a solicitor for a Child Arrangements Order?
Yes, technically you can apply without one. However it is really important to get legal advice in all cases where you are dealing with the complex area of child arrangement orders, as in many cases there will be safeguarding concerns and/or high conflict issues.
Is a Child Arrangements Order the same as custody?
Yes, it essentially replaces the old terms custody and access. Modern law uses “child arrangements” to focus on what’s best for the child rather than parental rights.