How to Get a Child Arrangements Order

How to get a Child Arrangements Order

When parents separate or divorce, deciding on the living and contact arrangements for their children can be challenging. A child arrangements order can help establish where a child will live, how much time they will spend with each parent, and other aspects of their upbringing. This legal tool aims to ensure that the child’s best interests are prioritised during and after a separation or divorce.

What is a Child Arrangements Order?

A child arrangements order is a legal decision made by a court that outlines where a child should live and how they will spend time with each parent. It can also determine other issues, such as holiday arrangements and communication methods between the child and the parents. These orders are intended to provide clarity and stability for children and ensure that parents respect their responsibilities.

When do you need a Child Arrangements Order?

Parents may seek a child arrangements order in situations where they cannot agree on living arrangements, contact schedules, or specific aspects of their child’s upbringing. Some common situations where a child arrangement order may be necessary include:

• Disagreements about living arrangements: If parents cannot decide where the child will live or how much time they will spend with each parent, the court can issue an order to clarify these arrangements.
• Concerns about a child’s welfare: If one parent is concerned that the other may pose a risk to the child’s well-being, an arrangements order can set limits on contact and ensure the child’s safety.
• Re-establishing contact: If a parent has lost contact with their child, they can apply for a child arrangements order to re-establish a relationship and set out a regular schedule for the child to spend time with them.

How to apply for a Child Arrangements Order

Applying for a child arrangements order involves a specific process, and it’s crucial to follow the necessary steps to ensure your application is considered by the court. Here’s an overview of the process:

1. Attend a mediation information and assessment meeting (MIAM): Before applying for a child arrangements order, you are usually required to attend a MIAM. This meeting assesses whether mediation could help resolve your dispute without needing to go to court.
2. File an application with the court: If mediation is not successful or suitable, you can file a C100 form with the family court to apply for a child arrangements order. Ensure that you complete the form accurately and include all relevant details.
3. Serve the application: After filing your application, you must serve a copy of the C100 form on the other parent or any other party involved in the proceedings. The court will provide guidance on how to do this properly.
4. Attend a court hearing: The court will set a date for a hearing, where both parents will have the opportunity to present their case. The court may ask for a report from CAFCASS (Children and Family Court Advisory and Support Service) to better understand the child’s needs.
5. Receive the court’s decision: After reviewing the evidence and considering the child’s best interests, the court will issue a child arrangements order, which outlines the agreed or court-determined arrangements.

What does the court consider?

When deciding on a child arrangements order, the court’s primary focus is the welfare of the child. Some key factors the court considers include:

• The child’s wishes and feelings: Depending on their age and understanding, the court may consider the child’s preferences regarding where they want to live and how they wish to spend time with each parent.
• Physical and emotional needs: The court assesses which living arrangements will best support the child’s physical, emotional, and educational needs.
• Risk of harm: The court evaluates whether any arrangements could put the child at risk of harm, considering factors such as domestic violence or neglect.
• Parents’ ability to co-operate: The court takes into account the parents’ ability to work together in making decisions that benefit their child.

The role of mediation in Child Arrangements Orders

Mediation can be a valuable tool in resolving disputes over a child arrangements order. It provides parents with a chance to discuss their concerns and come to an agreement without the need for a court hearing. A mediator can help facilitate these discussions, ensuring that both parties focus on the child’s best interests.

In some cases, mediation can lead to a successful agreement, making it unnecessary to apply for a formal court order. However, if parents cannot reach an agreement through mediation, a child arrangements order from the court can provide a definitive solution. For those who wish to understand more about mediation and family law services, resources like Relate can offer further guidance.

How long does a Child Arrangements Order last?

A child arrangements order typically remains in effect until the child turns 16, or in some cases, 18 if there are specific circumstances that justify an extension. The terms of the order can be modified if the needs of the child change over time, but parents would need to return to court to request any adjustments.

It’s important to keep in mind that the court can make temporary orders as well, especially if immediate arrangements need to be made for the child’s well-being. These interim orders remain in place until a final decision is reached.

Do you need legal advice for a Child Arrangements Order?

While it is possible to apply for a child arrangements order without legal representation, having professional advice can be incredibly beneficial. A family law solicitor can help you understand the legal process, gather evidence, and present your case in a way that focuses on the child’s best interests. Consulting a solicitor can also provide peace of mind during a stressful time.

If you need guidance on applying for a child arrangements order, consider reaching out to our qualified Family Law Solicitors who specialise in family disputes and child custody matters. Additionally, the UK government’s website offers valuable information on the child arrangements order process.

Ultimately, a child arrangements order can provide stability and clarity for both parents and children during a difficult time. It ensures that decisions are made with the child’s welfare as the top priority, allowing parents to focus on providing a positive and supportive environment for their child’s growth and development.

This article was produced on the 3rd December 2024 for information purposes only and should not be construed or relied upon as specific legal advice.