When families go through a separation, one of the most important (and often most emotional) issues to sort out is how children will be cared for. If parents or carers can’t agree on these arrangements themselves, the court may step in and issue a Child Arrangements Order. But what exactly is a Child Arrangements Order, who can apply for one, and how does it work?
What is a Child Arrangements Order?
A Child Arrangements Order is an order that the Court can grant, setting out specific arrangements for a child in the event of a separation between their parents or others who have a significant relationship with the child.
The Order can include information such as –
- Where the child will live
- When and how often the child will spend time with the other parent (or other important people in their life)
- The child’s education and schooling decisions
- Healthcare arrangements
It is not only a parent who can make an application for a Child Arrangements order. It might be a grandparent, a brother or a sister, or it could be someone else who is not related to the child but has a close relationship with them.
When is an Order required?
In many cases, separated parents can agree about the care of their child. But sometimes, disagreements arise, and reaching a decision becomes difficult or even impossible. That’s where the family court can help by issuing a Child Arrangements Order to set out clear, legally binding arrangements.
This is usually with the assistance of Cafcass (Court and Family Court Advisory Support Service) who play a huge part in helping the Court reach a decision. For example, when an application to Court is made, it automatically triggers off a request to Cafcass for them to prepare Safeguarding Checks. These checks are to ensure there are no safety concerns for the child, and help the court make decisions based on what’s in the child’s best interests.
Who Can Apply for a Child Arrangements Order?
While parents can apply automatically, other people may need permission from the court. Those who might need permission from the court and seek a child arrangements order include:
- Grandparents
- Siblings
- Step-parents
- Other individuals who have played a significant role in the child’s life
The court will consider whether it’s appropriate for these individuals to apply, always keeping the child’s welfare as the top priority.
Enforcement of a Child Arrangements Order
A Child Arrangements order granted by the Court is legally binding. If one parent isn’t following the terms of the order, the other parent can ask the court to enforce it. If the Court have ordered that a parent make a child available for contact and that parent is not complying, then an application to the Court should be made to the same family Court for an enforcement order.
Possible consequences for breaching an enforcement order include:
- Being ordered to do unpaid work
- Fines
- In rare and extreme cases, imprisonment
An enforcement order would only be granted if the Court is satisfied that a person has failed to comply with an order and has no good reason for breaching the order.
An enforcement order will not be granted if, as noted, the parent has a reasonable excuse for breaching the order, for example, if the child’s safety was at risk.
Can the police get involved?
Police cannot enforce a Child Arrangements order which has been breached, as this is a civil matter and not a criminal offence. However, if, for example, a child has not been returned after a contact visit with the other parent, you can ask the police to carry out a welfare check to make sure that the child is not suffering any harm pending an urgent application to the Court for a specific issue order, i.e., a Child Arrangements order.
In these situations, it’s important to seek legal advice as soon as possible. A solicitor can help you apply for an urgent court order to secure the child’s safe return.
Can a Child Arrangements Order be changed?
Yes, an order may need to be varied from time to time. Children’s needs evolve as they grow, and what worked when they were younger may no longer be suitable. Other life changes, such as one parent moving away, can also make it necessary to review and update the arrangements.
Changes can be made in two ways:
- By agreement – If both parties agree on the changes, they can submit a consent order to the court for approval.
- Through the court – If agreement isn’t possible, one party can apply to the court to vary the existing order.
As always, the court will make any decisions based on what’s in the best interests of the child.
How can we help
If you’re considering applying for a child arrangements order, enforcing an existing order, or requesting changes, contact our expert family law team on 020 8771 5254 for a free initial assessment of your legal matter.
The Family law team at Amphlett Lissimore are all members of Resolution, which means they are committed to resolving family disputes in a non-confrontational manner. As members, the team encourages solutions that consider the needs of the whole family – and in particular the best interests of children.
About the Author
Carole Hack is a Family Law Executive specialising in children matters, including child arrangements, parental responsibility, and guardianships.
