What is a child arrangement order?

• A child arrangements order deals with issues involving children. The most common orders specify where the child will live and how the other parent will maintain contact. These orders are most frequently classified into the following four categories:
• Lives with Orders – These orders determine where and with whom the child will live.
• Spend time with Orders – These orders designate how the child will spend time and have contact with the parent who doesn’t live with them.
• Specific Issue Orders – These orders are used to determine specific aspects of the child’s life. This can be decisions about their education, activities, healthcare, and many others.
• Prohibited Steps Orders – These orders limit actions a parent or guardian can take. These can include traveling out of the country with the child. 

Does the court automatically consider custody in a divorce matter?

The court does not automatically make orders regarding child arrangements.  The court encourages parents to agree and make arrangements themselves and does not get involved unless necessary. 

When is a child arrangement order appropriate?

A child arrangement order is appropriate when the parents cannot agree on decisions regarding their child. These orders can also be made when there are safety concerns for the child or concerns that one parent may remove the child from school or even the country.  

Who can apply for a child arrangement order?

Parents, guardians, and other adults with parental responsibility may apply for a child arrangement order. 

How long do child arrangement orders last?

Child arrangements orders usually last until the child turns 16 or 18. They may be changed by filing a variation with the court. 

Is there anything I need to do before applying for a child arrangement order?

The family courts place high value on voluntary and cooperative resolution whenever possible. As such, parties are required to attend mediation before taking a child arrangements order request to court. There are exceptions to this requirement such as if there is danger to the child or domestic violence involved.

What are the exceptions to the mediation requirement?

The main exceptions to this requirement relate to domestic abuse and emergency proceedings. 

What is the court procedure if we cannot settle at mediation?

The court procedure has numerous mandatory steps and opportunities for resolution. This includes dispute hearing resolution appointments, enquiries and reports from CAFCASS (Children & Family Court Advisory & Support Service), fact finding hearings, and a final hearing if necessary. Our solicitors are here to assist and guide you through the process. 

What does the court consider in making a final decision?

The court’s priority is the child’s wellbeing. As such the court considers a wide range of factors in making determinations. These include the child’s welfare, the child’s wishes and feelings, domestic abuse, parental involvement and capability, and relationships with other family members.

Can a child arrangements order be varied?

Yes, you may apply for a variation with the court. Just like the original hearing, MIAM is typically required, and there are multiple steps. 

What happens if a party breaches the child arrangement order?

Violating a court approved child arrangements order is serious. This can lead to enforcement orders, compensatory time, financial penalties, warnings, contempt of court, and other consequences.

How long does it take to get a court order?

Child arrangements orders can take 6-12 months. 

What if an order is necessary immediately?

You can apply for an emergency order. These are typically appropriate in situations where there is a risk of harm, abduction concerns, breaches of existing orders, or changes in circumstances that require immediate attention.

Do mothers have more rights than fathers?

No, the court’s priority is what is best for the child. 

What are grounds for obtaining sole custody?

The court’s priority is the child’s best interest. Some instances where courts are more likely to grant sole custody include matters where there is risk of harm or abuse or parental incapacity. 

At what age does a child have a say in custody decisions?

Judges take the children’s wishes seriously. Regarding where they live, children get to decide at age 16 unless there are prior orders in place. Younger children also get a say, but it will be considered based on their age and maturity.