The Ultimate Guide to Child Arrangement Orders

A Child Arrangement Order is a legal document issued by the family court that outlines important details regarding the child’s care. This includes who the child will live with (formerly known as “residence”) and when and how the child will spend time with the other parent (formerly known as “contact”).

These orders have replaced older terms like “custody agreements” and “child access” in England and Wales, with a focus on the child’s wellbeing rather than parental rights. There are different types of Child Arrangement Orders, including:

• Live with Order: Specifies who the child will live with, which can be one parent or shared between both parents.

• Spend time with Order: Determines when and how the child will spend time with the non-residential parent, including visits and overnight stays.

Additionally, the court may issue related orders if there are specific concerns or disagreements, including:

• Prohibited Steps Order: Prevents a parent from taking certain actions that may not be in the child’s best interest, such as relocating the child to another country or changing their name.
• Specific Issue Order: Addresses specific disputes regarding decisions about the child’s upbringing, such as which school the child should attend or the child’s medical treatment.

These orders are commonly used when separated or divorced parents cannot agree on parenting arrangements. The court always makes its decision based on what is in the best interests of the child.

There are several alternatives to Child Arrangement Orders that can help separated or divorced parents reach parenting agreements without going to court. These options often promote cooperation and can significantly reduce conflict and legal expenses.

Parenting Plans

A parenting plan is an informal, written agreement between parents outlining how they will raise their child after separation. It can include details about child living arrangements after divorce, contact schedules, holidays, schooling, and communication. While not legally binding, a parenting plan can be referred to in court if necessary.

Family Mediation

Family mediation is a voluntary process where a neutral mediator helps separated or divorced couples resolve disputes, especially about children or finances, without going to court. It promotes communication, is often quicker and cheaper than legal proceedings, and agreements can be made legally binding if needed.

Collaborative Law

Collaborative law in child arrangements is a process where both parents hire specially trained solicitors to work together to resolve disputes regarding their child’s living arrangements, and other related matters. The aim is to reach a mutually agreed-upon solution without going to court. If the process breaks down, both solicitors must withdraw, and the parents will need to seek new representation for court proceedings.

Consent Orders

A consent order is a legally binding agreement made by the court that formalises an arrangement between parents regarding child arrangements. It is typically used when parents have already agreed on issues like who the child will live with, contact schedules, and other aspects of their care, but want to make the agreement official and enforceable.

You may apply for a Child Arrangement Order if you meet specific criteria, including:

• Parents: Either or both parents of the child can apply to formalise arrangements for where the child lives and how they spend time with the other parent.
• Relatives: This includes grandparents, aunts, uncles, siblings (by blood, marriage, or civil partnership), and step-parents, provided the child has lived with you for more than a year.
• Appointed guardian or special guardian: If you are the child’s appointed guardian following the death of a parent, or a special guardian.
• Kinship foster carer: If you are a kinship foster carer and the child has lived with you for more than a year, or if you have consent from everyone with parental responsibility.
• Private foster carer: If you are a private foster carer and the child has lived with you for at least 3 years.

A Child Arrangement Order is not always necessary, as many parents can agree on arrangements without going to court, often through processes like mediation. However, it may become necessary when there is a disagreement about who the child should live with or spend time with, when there are concerns regarding the child’s safety, or when informal agreements have broken down.

The court’s primary concern is the child’s best interests. This includes considering the child’s physical, emotional, and educational needs, as well as their age, gender, and background. The court will also take into account any risk of harm, the ability of each parent to meet the child’s needs, and the child’s own wishes, depending on their age and maturity.

A Child Arrangement Order typically lasts until the child turns 16, but it can extend to 18 if the child is still in full-time education or has special needs that require continued arrangements.

Yes, a Child Arrangement Order can be changed. If both parents agree to the changes, they can apply to the court to amend the order. If one parent disagrees, the other can apply to the court to vary or discharge the order. 

Changes are typically allowed if there are significant changes in circumstances, such as a change in living arrangements or the child’s needs. The court will always prioritise the best interests of the child when deciding whether to make any alterations to the order.

Before applying for a child arrangement order, it’s important to consider alternative processes like mediation or collaborative law. These methods can often help parents reach an agreement without the need for court intervention, saving time, stress, and costs. However, if these options are not suitable or if a resolution cannot be reached, a child arrangement order may be the best way forward.

If you’re unsure where to begin or need guidance on your specific situation, GSB Solicitors can help you explore your options and determine the best course of action. Our experienced Child Arrangement Solicitors are here to provide expert advice, support, and representation to ensure your child’s future is protected. Please contact us today to discuss how we can help you.