Child Arrangements Orders in the UK - Explained
November 06, 2022
Verified by Lawhive solicitors
Overview
A Child Arrangements Order is a legal document which sets out how separated parents will look after their children. Keep reading for more details!
What is a Child Arrangements Order?
A Child Arrangements Order is a legal document which sets out how separated parents will look after their children.
If you cannot agree with your ex-partner on who your child (or children) should live with and how much time they should spend with each of you, the Court will decide on these details in a Child Arrangements Order. The Court will make a decision based on what is in the best interest of the child. After the Court has finalised your Child Arrangements Order, you and your ex-partner must follow the arrangements laid out in the order. You can apply to the Court to make a change to an existing Child Arrangements Order but you must show that the changes you are asking to make are in the best interests of the child. Family Courts are usually flexible, they understand that family circumstances often change and that a child’s needs change as they grow older.
A Child Arrangements Order sets out:
- Who the child will live with,
- Who will have contact with the child,
- The type of contact the child will have (direct contact, indirect contact or a combination of both),
- How much time the child will spend with each parent,
- How the child will be financially supported.
People that can apply for a Child Arrangements Order:
- Either parent,
- The child’s legal guardian,
- Anyone who has a residence order for the child,
- Anyone who the child has lived with for at least three years,
- Any person in a marriage or civil partnership with the parent of the child,
- Anyone with consent from the local authority if the child is in the local authority’s care.
Do I need a solicitor?
In most cases a solicitor is necessary. See below for more details.
DIY Score:
3
/ 5
You'll likely need a solicitor for a child arrangement order
Solutions
Recommended
Apply to court
The only way to get a Child Arrangements Order is to make an application to your local Family Court. The application can be made online or in person. The application process can be complicated so it is recommended to hire a solicitor. See ‘What steps are involved?’ section below for further details.
Informal Parenting Plan
It is not necessary to fill out any official paperwork if you and your ex-partner agree on child arrangements. A common way of keeping a record of child arrangements is by writing it down in an informal parenting plan. This is not legally binding, if the parenting plan is broken by either parent, there are no legal consequences.
Consent Order
A Consent Order is a legal document that confirms the child arrangements you have agreed on with your ex-partner. It is an alternative to getting a Child Arrangements Order but has a similar process.
What steps are involved?
Step 1
MIAM
Before you can get a Child Arrangements Order approved by a Court, you will first have to attend a Mediation Information and Assessment Meeting (MIAM). Both parents (or guardians) must attend the meeting. In this meeting a specialist family Mediator will decide if an agreement on child arrangements can be reached. The Mediator can recommend another Mediation session or decide if the case should go directly to Court. You can hire a solicitor to guide you through and / or represent you during this meeting.
Step 2
Agreeing Outside of Court
If there is no disagreement about the child arrangements you can then submit a form to your local Family Court. Your solicitor will help you through this process.
Step 3
Going to Court
If you have not reached an agreement, you will have to apply to the Court for a first hearing. Your solicitor will help you through this process. All parents and guardians have to attend this hearing. In the hearing, the Court and an officer of the Children and Family Court Advisory Service (CAFCASS) will look at the issues of your case and try to find a solution. The court will encourage you to try and agree on the details of the order and will issue a finalised Child Arrangements Order if you do.
Step 4
Further Hearings
If an agreement still hasn’t been reached, the case will continue, and you will have to attend a final hearing. At this point, you will have to give evidence and a CAFCASS officer and they will spend time interviewing and observing the child. At the final hearing, the Court will use evidence and advice from the CAFCASS officer to make a final decision on the arrangements and issue a finalised Child Arrangements Order.
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4.8
Evidence and documentation
Evidence
- Record of communication between you and the other person (or people) involved. This can be emails, letters, texts or other documents
- Proof of Address
- Proof of Identity (like a passport, birth certificate or driving licence)
- Proof of parentage (like the child’s Birth Certificate or a DNA test)
- Bank Statements
Documentation
- A parenting plan (this is a written statement that both parents sign which outlines the ground rules of their shared parenting)
Cost
- Applying to court for an order costs £215 not including legal fees a solicitor may charge
- If a Child Arrangements Order dispute goes as far as a final hearing, the cost could be as high as £5,000.
Factors that effect cost
- The complexity of the case
- How much the parents and / or guardians agree with the content of the order
- If you take it to court
Time
- As little as 1 week if the case does not go to court
- Going through the court process can take 6-12 weeks
Factors that effect time
- Complexity of the case
- Whether there are any concerns about the child’s wellbeing or safety
FAQs
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