A Child Arrangements Order is an order directed by the Court that details the arrangements for a child and is legally binding on the parents. The order decides the following matters:
- Where the child lives.
- When the child spends time with each parent; and
- When and what other types of contact take place.
The order is most commonly issued to the biological parents of a child when parents separate or divorce. However, anyone who has parental responsibility can apply and it does not matter whether they are a biological parent, a stepparent, a guardian or another relative (i.e., grandparents, uncle and/or aunt), if they feel their access to the child is being unfairly restricted.
The first step in applying for a Child Arrangement Order is to attend a Mediation Information Assessment Meeting (MIAM). The parties are required to attend this meeting, during which a qualified mediator will consider whether an agreement on child arrangements might be reached through an alternative dispute resolution process such as mediation. If mediation is not a viable option, the next step is to submit a form to the Court with all relevant details and declaring your intent to seek a Child Arrangement Order. The Court’s priority will always be the child’s welfare. The purpose of the order is to guarantee that arrangements have the child’s best interests in mind, and the Court will always have this as the primary consideration when making its decisions.
The two most common types of Child Arrangement Orders are: contact orders and living with orders. A contact order stipulates the terms on which a non-custodial parent can have contact with a child; and a living with order sets out where the child will live.
There are two further types of Child Arrangement Order: a specific issues order, and a prohibited steps order.
- Specific issues orders determine specific matters relating to the upbringing of a child, such as the sort of education they receive (for example what school they go to, or whether their education is religious).
- A prohibited steps order limits a parent or guardian from taking a specific step, for example, preventing a child being moved out of the country.
The length of time it takes to achieve a final Child Arrangement Order depends on a number of factors, such as the complexity of the case, the amicability of the parents and guardians involved, and whether there are any safeguarding concerns regarding the child or children in question.
If the terms of the order are no longer being met by one party or the other, it is possible to ask the Court to enforce the order. If the Court concludes that an order has been beached, they have the power to issue several different sanctions to the party deemed to have breached the order. The Court might order the parents to attend parting courses, refer them to a mediator; otherwise, they may decide to issue a Contact Enforcement Order or impose a fine or other punishment on the party who breached the initial order. Alternatively, they may decide to reconsider the terms of the order and issue it again with variations. In very serious cases they can include sending a parent to prison for contempt of Court. The Court can also order CAFCASS (the Children and Family Court Advisory and Support Service) to check that all parties comply with any enforcement order issued.
If the Court deems it appropriate it may decide to vary the order. This could include changing the terms of contact between a non-custodial guardian and child or even transferring custody entirely. You can also seek to change a Child Arrangement Order without a breach having occurred. If all parties agree, the order can be amended with the help of a solicitor. However, if one party does not consent to any changes, then a further application to Court will be necessary.
