Parents are free to make arrangements for their children between themselves by agreement but when they cannot agree they can make an application to the court and the court will make a decision for them. If an agreement cannot be reached - either directly between the parents or through mediation - a Child Arrangements Order may be put in place. To speak to a member of our team please call 01268 824938.

We can help you decide whether a Child Arrangements Order might be appropriate in your circumstances. In the meantime, the following gives you a broad outline of how these Orders are made and what scope they have.

The Children Act 1989 covers the area of law that deals with issues relating to a child’s family life, including who will care for them, who they will live with and what time they will spend with each parent.

Our child arrangements solicitors have a wealth of practical and legal experience in this area and can help you with a range of issues.

The three main principles that will guide the court

1. The child’s welfare is of paramount importance
2. Delays are likely to prejudice the welfare of a child
3. The court will not make an order unless it considers that doing so would be better for the child than making no order at all.

Historically, arrangements concerning children were referred to as residence and contact orders and, before that, custody and access orders. In 2014, the Child Arrangements Programme introduced change and updated terminology.

A Child arrangements Order determines:

• Where the child lives and whether they are to live with one parent full time or to divide their time equally or unequally between their parents.
• Spending time with the child: this sets out the time that a child spends with their non-resident parent.
• What will be in the child’s best interests. 

 In order to decide whether an Order should be granted, the court will consider:

1. The wishes and feelings of the child concerned, depending on their age and understanding;
2. A child’s physical, emotional and educational needs;
3. The likely effect on the child of any change in their circumstances;
4. A child’s age, sex, background and any other characteristics that the court considers relevant;
5. Any harm which a child has suffered or is at risk of suffering;
6. How capable each of the child’s parents - and any other person in relation to whom the court considers the question to be relevant - is of meeting the child’s needs;
7. The range of powers available to the court under the Children Act 1989.

The court makes an assumption of continued parental involvement in a child’s life. ‘Involvement’ means both face-to-face time and indirect contact. It will consider it important that a child has an ongoing relationship with both parents if they separate, so long as it is safe and is in the child’s best interests to do so. 

This presumption of continued involvement remains unless the court hears evidence that suggests involvement of a parent in the child’s life would put the child at risk of suffering harm.

Child Arrangements Orders remain valid until a child reaches 16 years of age unless there are exceptional circumstances, for example, a child needs protection beyond that age due to a disability.

Who can apply for a Child Arrangements Order?

A Child Arrangements Order is sought by the biological parents of a child but there are others who can apply, for example:

• a person that holds parental responsibility
• a step-parent
• a guardian or other relative such as a grandparent

What happens when an application is made to the court?

When an application is made to the court the Children and Family Court Advisory Service (CAFCASS) will undertake a safeguarding check to ensure that the arrangements are safe for the child.

They will look at issues such as:

• whether there has been any domestic abuse
• whether there is evidence of any child abuse
• if there is parental alienation 
• and any other issues that require the court to investigate further.  

This can delay the Order being made, even if the parties are in agreement.

The court process generally consists of the following hearings:

1. First Hearing Dispute Resolution Appointment
2. Dispute Resolution Appointment
3. Final hearing

It is important to seek legal advice from a specialist family lawyer if the arrangements for a child cannot be agreed. At Birkett Long we can help you reach agreement through mediation and other forms of Alternative Dispute Resolution, and advise and represent you in relation to a Child Arrangements Order should court intervention become necessary.

If you need help coming to an agreement regarding your child’s care arrangements, our solicitors at Birkett Long have extensive experience in children law matters and can offer guidance and support when applying to court for a child arrangements order.