What is a Child Arrangements Order ?

[Peter B]

A Child Arrangements Order is a legal document issued by a court in England and Wales that sets out the arrangements for a child whose parents are separating or divorcing. It replaces the older orders of residence and contact.  

What does it cover?

• With whom a child lives: This determines where the child's primary residence will be. It might be with one parent, or it could involve shared care where the child spends significant time with both parents.  
• When a child spends time with each parent: This outlines the time the child spends with each parent, including overnight stays, holidays, and special occasions.  
• Other types of contact: This can include phone calls, video calls, letters, and emails.  

Who can apply for a Child Arrangements Order?

• Parents with parental responsibility
• Other people with parental responsibility (e.g., guardians)
• Step-parents in certain circumstances
• Other relatives or individuals with a close connection to the child (but they may need the court's permission first)

Why is it necessary?

• When parents can't agree on living and contact arrangements for their children.  
• To provide a clear and legally binding framework for child arrangements, ensuring stability and consistency for the child.  
• To ensure the child's welfare is the paramount consideration.  

How is it obtained?

• Mediation: Parents are encouraged to attend mediation to try and reach an agreement before going to court.  
• Court application: If mediation is unsuccessful or inappropriate, an application can be made to the court.  
• Court process: The court will consider the child's best interests, taking into account factors like their age, wishes, and any potential risks.  

Key principles:

• Child's welfare is paramount: The court's primary concern is the child's best interests.  
• No presumption of equal time: There's no automatic assumption that children should spend equal time with each parent.
• Parental involvement: The court encourages both parents to be involved in their child's life, unless it's harmful to the child.

Important: It's crucial to seek legal advice from a family law specialist to understand your rights and options regarding Child Arrangements Orders.

Sources & Related Content

• https://www.gov.uk/looking-after-children-divorce/types-of-court-order#:~:text=A 'child arrangements order' decides,where your child lives
• https://www.elitelawsolicitors.co.uk/child-arrangement-order-guide/#:~:text=A Child Arrangement Order is most commonly issued to the,those parents separate or divorce.
• https://childlawadvice.org.uk/information-pages/explaining-the-legality-of-a-child-arrangements-order/#:~:text=A Child Arrangements Order is,child is to live%2C spend
• https://www.gov.uk/government/publications/dealing-with-issues-relating-to-parental-responsibility/understanding-and-dealing-with-issues-relating-to-parental-responsibility
• https://www.russell-cooke.co.uk/news-and-insights/news/what-are-the-legal-options-for-step-parents-who-want-to-formalise-their-relationship-with-their-step-children#:~:text=Another option for step-parents,to formalise the child's living
• https://mensadviceline.org.uk/legal-information/child-arrangement-orders/#:~:text=What are the benefits of,Court is the child's welfare.
• https://www.hepburndelaney.co.uk/what-is-a-child-arrangements-order/#:~:text=What is a child arrangement,the care of a child.
• https://helpwithchildarrangements.service.justice.gov.uk/going-to-court#:~:text=Step 2 Choose to hire a lawyer or represent yourself&A lawyer can be expensive,and represent you in court.

 

Edited October 26, 2024 by Peter B