What is the process for a Child Arrangements Order in the UK?

Arranging contact and living arrangements for children can be a very stressful time for families. However, many parents are unclear on the process of applying for a Child Arrangements Order. Our guide provides answers to some common questions, including how the order can be enforced.

What rights does a Child Arrangement Order give?

A Child Arrangements Order is a legal document that regulates where a child will live, and whom they will spend time and have contact with. The order is governed by Section 8 of the Children Act 1989, and the family Court will always rule in favour of the child’s best interests. For more guidance, please read What is a Child Arrangements Order?

As every family’s circumstances is different, there’s no such thing as a ‘usual’ child arrangement. Instead, every Child Arrangements Order is decided on each family’s individual situation. Ensuring stable living arrangements are essential to minimise any disruption to a child's daily routine. Factors like school, medical care, and activities, sports or hobbies will be considered when deciding who the child spends time with on specific days.

While many aim to split their children's time evenly between both parents, this is not always achievable. A Child Arrangements Order may also name individuals other than a parent, depending on the specific circumstances of the case. As an example, the family Court might rule in favour of a grandparent being involved in a child’s living or contact arrangements. For more information, please read Child Arrangements Order: who can apply?

How to apply for a Child Arrangement Order

Before an application for a Child Arrangements Order is made, the Court usually asks parents (unless they’re exempt for a specific reason) to attend a Mediation Information Assessment meeting (MIAM). Led by a qualified mediator, the overall aim is to reach an agreement without going to Court. The only exception would be if it’s an emergency or there’s a history of child or domestic abuse.

The MIAM is usually a one-hour meeting and looks at whether non-court dispute resolution would be more appropriate and whether your case is suitable. If the parents cannot agree, then a Child Arrangements Order might be recommended and your family solicitor will apply using a C100 form.

On the C100 form, your solicitor will need to disclose information relating to your children’s current living arrangements and the grounds for the application. You can include details relating to the child’s daily routine and if there are any safety concerns.

A copy of your application will go to CAFCASS (Children and Family Court Advisory and Support Service). They will carry out safeguarding checks with the police and local authorities and prepare a safeguarding letter for the Court. A CAFCASS officer will also conduct telephone interviews with both parents/guardians and will be present during hearings, if ordered by the Court.

Does a Child Arrangement Order have to go to Court?

When a Child Arrangements Order is recommended, there will be a First Hearing Dispute Resolution Appointment around four to eight weeks after the application has been submitted for case management. During this hearing, the Court will give directions for the next hearing, any issues between each party will be identified and settlement through agreement will be encouraged. This hearing will determine how the case should progress, and it might also result in some interim contact arrangements for the child.

If the matter cannot be resolved at the first hearing, a second hearing known as a Dispute Resolution Appointment will be arranged. During this hearing, there will be an attempt to reach an agreement and any CAFCASS Section 7 reports will be reviewed. A Section 7 report is a detailed assessment of any disputed issues and the child’s welfare in terms of safeguarding. Case management directions will also be considered for the final hearing.

At the final hearing, the family Court will make its decision and give the required order. The Judge will consider all of the evidence, including CAFCASS reports, recommendations and findings, and statements from the parents/guardians. They will also consider the child’s welfare under Section 1 of the Children Act 1989.

How long is a Child Arrangements Order valid?

A Child Arrangements Order is legally binding and will remain in force until the child reaches the following ages:

• Contact arrangements: 16 years old

• Living arrangements: 18 years old

What happens if a parent doesn’t stick to a Child Arrangement Order?

Child Arrangement Orders contain warning notices about the consequences of non-compliance. If a parent or legal guardian breaches an order, they could be held in Contempt of Court.

The following are examples of a breach:

• A child is taken out of the country without permission.

• Pre-agreed contact arrangements are repeatedly ignored.

• A parent/guardian attempts to give the child a new surname.

The family Court has wide-ranging powers and will decide on an appropriate measure. Penalties range between a fine, seizure of assets, community service orders or even imprisonment. However, the Court will need to be satisfied "beyond reasonable doubt" that a breach has occurred without a reasonable excuse.

If you are a parent or guardian and believe there’s been a breach of an existing order, then speak to your solicitor about enforcement action. Depending on the nature of the breach, they may suggest filing a C79 form.

Child Arrangement Orders Solicitor

The overall process to obtain a Child Arrangements Order can take anywhere between six months to two years. The duration will depend entirely on the circumstances of each individual family. In urgent cases where a child is at risk, however, the process will be expedited.

At Salusbury Harding and Barlow, our family law solicitors have the experience and expertise to help you apply for a Child Arrangements Order. It’s our aim to minimise the impact on children caused by a relationship breakdown. Our caring and sympathetic team will talk you through each stage of the process.

If you need to apply for a Child Arrangements Order, please get in touch or email: Carly.Price@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment