A child arrangements order is a legal document that formalises childcare agreements between parents who are going through a divorce or separation. It determines critical aspects such as where the children will live and how much time they will spend with each parent.
This type of court order is typically necessary when parents cannot reach a mutual agreement on childcare arrangements. Ideally, parents should try to resolve these issues amicably, often with the assistance of a mediator. However, if disputes remain unresolved, applying for a Child Arrangements Order through the court may be the best option.
Why might you need a child arrangements order?
You may require a Child Arrangements Order if:
- You are unable to agree on custody or visitation arrangements.
- One parent is not adhering to a previously agreed-upon schedule.
- There are concerns about a parent neglecting their responsibilities.
- Mediation has failed to resolve disagreements.
If both parents are cooperating and the existing arrangements are working, a court order is typically unnecessary.
How to apply for a child arrangements order
- Attempt mediation first:
- Before applying for a child arrangements order, you are legally required to attend a Mediation Information and Assessment Meeting (MIAM) unless there are valid reasons not to do so, such as instances of domestic abuse.
- Seek legal advice:
- A solicitor can guide you through the process, helping you prepare your application and submit it to the court.
- Attend court hearings:
- Both parents will need to attend a court hearing, where a judge or magistrate will assess the situation.
- A representative from the Children and Family Court Advisory and Support Service (CAFCASS) may also provide input by producing a safeguarding report and making recommendations.
- Decision making:
- The court will prioritise the child’s welfare, considering factors like their wishes, feelings, and overall needs.
- If an agreement cannot be reached during the initial hearing, further evidence may be required before a final decision is made.
Specific issue orders and prohibited steps orders
In addition to Child Arrangements Orders, the court may issue:
- Specific issue orders: For resolving specific disputes, such as which school a child should attend or whether they should follow a particular religion.
- Prohibited steps orders: To prevent a parent from taking certain actions, like relocating a child abroad without consent.
Child arrangements orders vs. special guardianship orders
A Special Guardianship Order (SGO) grants parental responsibility to someone other than the child’s parents, often in cases where parents are unable to provide proper care. Unlike a Child Arrangements Order, an SGO allows the guardian to make decisions without requiring parental approval, although some significant decisions still require consent.
Can grandparents apply for a child arrangements order?
Yes, grandparents or other relatives can apply for a Child Arrangements Order, although they need the court’s permission first. This may be relevant if they have been acting as the child’s primary caregivers or if they wish to establish visitation rights.
How to change a child arrangements order
While Child Arrangements Orders are intended to provide long-term stability, circumstances can change. If significant changes occur, such as a parent relocating, remarrying, or experiencing financial difficulties, you can apply to modify the order. The court will reassess the child’s best interests before making any adjustments.
Expert legal support for child arrangements orders
Navigating the complexities of child custody during a separation can be challenging. Seeking the advice of our specialist family law solicitor can ensure that your child’s best interests remain the priority. Professional legal support can help formalise arrangements and provide clarity and reassurance during this difficult time.
For further guidance on child arrangements orders, contact our experienced family law team today.
