What are the different types of Child Arrangements Orders?

A Child Arrangements Order is a legal document that determines where a child will live and with whom. Depending on the individual circumstances, there are various orders that can be arranged, including a Specific Issue Order and Prohibited Steps Order. In this blog, we look at the different types of Child Arrangements Orders to give you a better understanding of how these work.

What happens in a Child Arrangement Order?

When parents are unable to decide on child contact arrangements, they can apply for a Child Arrangements Order. The Court will then decide how this order will be granted in relation to the child’s wellbeing, best interests and individual needs. For more information on how this type of order works, please read our blog What is a Child Arrangements Order?

As an example, one of our team helped a father to apply for a Child Arrangements Order. The father hadn’t had direct contact with his daughter for several months, and the mother was refusing to allow any indirect or direct contact.

Due to cross allegations of drug and alcohol use, during the proceedings the Court felt it appropriate for letters to be obtained from the parents’ GP. A Section 7 report was also completed by CAFCASS to aid recommendations. At the final hearing, it was decided that the father could have direct contact with his daughter in an agreed pattern.

Under Section 8 of the Children Act 1989, there are three main orders: Child Arrangements Order, Prohibited Steps Order and a Specific Issue Order. However, there are a series of other child-related orders that you can apply for through the Court.

Child Arrangement Order with Prohibited Steps

A Prohibited Steps Order prevents someone with parental responsibility from taking a particular action in relation to a child without the Court’s permission. It’s a type of legal injunction that helps to prevent harm to a child or removal without a parent’s permission.

As an example, one of our team applied for a Prohibited Steps Order for a mother, who wanted to prevent the father from removing their son from her care. This order also applied to removing her son from anyone she had entrusted to look after him, including the nursery and other family members. The mother had applied for this order due to previous domestic violence perpetrated by the father and threats from Father that he would remove their son from her care and not return him.  

While further investigations were carried out, an interim Prohibited Steps Order was made. At the final hearing, the Court felt it appropriate for a final prohibited steps order to be made to assure both the mother and son’s safety.

Specific Issue Order

A Specific Issue Order is used to resolve a dispute relating to the child’s upbringing or welfare. Common scenarios are when one parent wants the child to attend a different school, receive certain medical care, or to relocate and the other parent does not agree.

As an example, one of our team arranged a Specific Issue Order for a mother who was seeking permission to take her child abroad. There was already a child arrangements order in place detailing the contact arrangements between Father and child. The mother wanted her child to visit overseas maternal family members for an extended period of time, but the father objected. The order was granted by the Court, and the original Child Arrangements Order was also amended. The child’s father was granted additional indirect contact, while the child was abroad.

Other types of related child orders

Alongside the three main types of Child Arrangements Order, there are other related orders that focus on guardianship and parental responsibilities.

• Special guardianship order – this order places a child with someone other than a parent for the long term, giving them enhanced parental responsibility.​ Parental responsibility is not removed from the child’s birth parents, but the Special Guardian is also granted parental responsibility.

• Parental responsibility orders or declarations of parentage – these orders can help to determine who has legal status and responsibility for a child.

• Variation, discharge and enforcement orders – these types of orders are used to change, stop or enforce existing children-related court orders.

For example, when circumstances change or someone hasn’t been compliant with an order.

For more guidance, please read our blog What is the process for a Child Arrangements Order in the UK?

Apply for a Child Arrangement Order with our solicitors

As everyone’s circumstances vary, there’s no such thing as a ‘standard’ child arrangement. Instead, the final order decided by the Courts will depend on the child’s individual situation, wellbeing and needs. Also, a Child Arrangements Order may name individuals other than a parent, such as a grandparent or guardian with special responsibilities.

At Salusbury Harding and Barlow, our caring and sympathetic family law solicitors can help you apply for a Child Arrangements Order. We will explain the different types of orders, where these would apply, and how the process works in plain English.

For advice on Child Arrangement Orders, please get in touch or email: Carly.Price@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.