Child Arrangements Order: who can apply?

When a couple separates, and they disagree on where their child or children are going to live, they can apply for a Child Arrangements Order. This is a legal agreement made through the Courts to decide the child’s or children’s living arrangements. Only certain people can make this application, so who can apply and how does this work?

Child contact arrangements

Getting a divorce, dissolution of a civil partnership or ending a cohabiting relationship can be a very traumatic time for children. Deciding who has contact and when, as well as where children will live, can be stressful for the whole family. Although most people try to divide their children’s time equally between two parents, this isn’t always possible.

Sometimes a separated parent decides to relocate to a different area. It might then become more suitable for them to spend time with their child at a more neutral location, such as a grandparent’s home. Therefore, grandparents or other relatives might play a key role in child contact arrangements.

It’s important to ensure their living arrangements are organised as smoothly as possible to minimise the disruption to a child’s everyday life. Certain factors need to be considered, such as the child’s school, medical care, and any regular activities. If the child takes part in sports or a hobby, this may determine when and who they spend time with on certain days.

Who can apply for a Child Arrangements Order?

Any parent who has parental responsibility is automatically eligible to apply for a Child Arrangements Order. Also, anyone who has been appointed legal parental responsibility or is named in a current Child Arrangements Order as a person with whom the child is to live. This can include stepparents, other family members, or another guardian. When an application’s been made, the Courts will then decide on the child’s living arrangements.

A ‘special guardian’ is someone who’s legally appointed to look after a child when they cannot live with their parents. The making of a special guardianship order grants the special guardian parental responsibility alongside the birth parents. This could be a grandparent, foster parent or other relative, but they wouldn’t necessarily have the right to apply for a special guardianship order unless certain conditions are met.  One of our team once had a case involving a child who was living with her grandparents as the parents couldn’t provide care. The mother agreed for her child to remain living with her parents while she sought appropriate help and support for her health. However, as the grandparents did not have legal parental responsibility, they were unable to directly apply to the Courts for any type of order.

An application was made, and permission was granted on the basis that the mother supported the application. There was clear benefit for an order to be made in the grandparents’ favour. After permission was granted, a full application for a Child Arrangements Order was made, confirming the child was to live with her grandparents.

Making a child arrangements application

When two parents apply for a Child Arrangements Order, the Court usually requests that both parents attend a mediation meeting (unless there’s a history of domestic abuse). Known as a Mediation Information Assessment meeting (MIAM), this would be led by a qualified mediator with the aim of reaching an agreement outside of Court.

If the parents cannot agree, then the matter would proceed through the Courts. They would consider any existing orders that are in place, including any previous child arrangement orders, Prohibited Steps Order or Specific Issue Order.

For guidance on all three children’s orders covered by Section 8 of the Children Act 1989, read our blog What is a Child Arrangements Order?

Child arrangements solicitor

A Child Arrangements Order is usually made when parents disagree on living arrangements and when child contact can take place. An application can be made by anyone with parental responsibility for the child, including legally appointed guardians or special guardians. As every family’s circumstances are different, Child Arrangements Orders vary accordingly. Always speak to your family law solicitor when it comes to child arrangements.

At Salusbury Harding and Barlow, we have solicitors experienced in family law who can help you apply for a Child Arrangements Order. Our sympathetic and caring team always aim to minimise the impact on children caused by a relationship breakdown. We will explain to you how the process works, and you’ll be made to feel as relaxed and comfortable as possible.

If you need advice on child arrangements, please get in touch or email: Carly.Price@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.