What is a child arrangement order?
A child arrangement order is a court order that sets out who is responsible for the care of a child. It is used when the parents cannot agree on how to split the care of their children after a separation or divorce.
It can state who the children live with, where and how the children will see both parents e.g. will there be overnight stays and holiday time.
Child arrangement order process
You will need to obtain a signed MIAM form from a mediator after the Mediation Information and Assessment Meeting before you can make an application for a child arrangement order. There are some exceptions to having to attend an a MIAM such as domestic abuse.
To submit an application to court for a child arrangement order you will need to complete a C100 form. This sets out the details of the children and the parties involved. You will be asked to state which orders you are seeking and why. There is a court fee in relation to this, unless you are eligible for help with fees. If there is a risk of harm to the child a C1A form is also needed.
The first step after the application has been submitted is to proceed with a First Hearing Dispute Resolution Appointment (FHDRA). This will allow the court to identify any issues and encourage parties to resolve these.
If necessary, following this there can be a Finding of Fact hearing, but this is usually only required during exceptional circumstances such as allegations of harm.
If issues cannot be resolved then a Dispute Resolution Hearing (DRA) will be listed to consider any expert reports before listing the matter for Final Hearing
Further information on other matters relating to children can be found on our children matters page.
Who can apply for a child arrangement order?
A parent, guardian or special guardian and anyone who has parental responsibility of the child can apply for a child arrangement order.
A child arrangement order is usually requested and allowed when the child’s parents are divorcing or separating. However, there can be other circumstances e.g. grandparents of a child may request for a child arrangements order if one or both of the child’s parents has passed away or are unable to look after the child.
Those who may apply as of right:
- Any parent (whether or not they have Parental Responsibility for the child), guardian or special guardian of the child;
- Any person named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live;
- Any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family – this allows step-parents (including those in a civil partnership) and former step-parents who fulfil this criteria to apply as of right;
- Any person with whom the child has lived for a period of at least three years – this period need not be continuous but must not have begun more than five years before, or ended more than three months before the making of the application;
or any person:
- Who has the consent of each of the persons named in a child arrangements order as a person with whom the child is to live;
- In any case where there is an existing order for care in force, where the applicant has the consent of each person in whose favour the order was made;
- In any case where the child is in the care of a local authority, who has the consent of that authority;
- In whose favour a child arrangements order has been made in relation to the ‘contact’ aspects and who has been awarded parental responsibility by the court (i.e. they would be able to apply for a child arrangements order in relation to the ‘residence’ aspects);
- In any other case, has the consent of everyone with parental responsibility for the child.
also:
- A local authority foster parent is entitled to apply for a child arrangements order relating to whom the child is to live, and/or when the child is to live any person, if the child has lived with them for a period of at least one year immediately preceding the application;
- A relative of a child is entitled to apply for a child arrangements order relating to whom the child is to live, and/or when the child is to live any person, if the child has lived with the relative for a period of at least one year immediately preceding the application. (A relative is a child’s grandparent, brother, sister, uncle or aunt (by full or half blood), or by marriage or civil partnership)
Those who require permission of the court to apply
Any person who is not automatically entitled to apply for a child arrangement order may seek leave (permission) of the court to do so. The granting of leave does not raise any presumption that the application will succeed.
What do the courts consider when making a child arrangement order?
According to Section 1(1) of the Children Act 1989, when a court determines any question with respect to the upbringing of a child the child’s welfare shall be the court’s “paramount consideration”. This is known as the welfare principle.
Paramount means that “the welfare of the child should come before and above any consideration in deciding whether to make an order”.
In determining a child’s welfare the court will apply the welfare checklist as follows:
- The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)
- Their physical, emotional and educational needs
- The likely effect on any change to their circumstances
- Their age, sex, background and any characteristics of which the court considers relevant
- Any harm which they have suffered or at risk of suffering
- How capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs
- The range of powers available to the court under the Children Act in the proceedings in question.
How our solicitors can support you with your child arrangement needs
Our family law solicitors can assist with your child arrangement needs by advising on likely procedure and outcome, making the relevant preparations for court such as drafting witness statements and court bundles, representing you at any hearings or instructing barristers to do so.
They will listen to any concerns you may have and advise on the best steps for you and your child, handling your case with sensitivity and understanding.
