What Is a Child Arrangements Order?

When parents separate, one of the most important issues to resolve is how they will arrange their children's care. Ideally, parents will be able to agree on this between themselves. However, if they cannot agree, they may need to ask the Family Court to decide.

A Child Arrangements Order is a court order which sets out arrangements for a child, including where they will live, who they will spend time with and when that time will take place.

What can a Child Arrangements Order include?

Every family is different, so there is no standard arrangement that the Court will impose.

A Child Arrangements Order can deal with matters such as:

• who a child will live with;
• how much time they will spend with each parent;
• overnight stays;
• weekday and weekend arrangements;
• school holidays;
• Christmas, birthdays and other special occasions;
• telephone or video contact; and
• in some circumstances, whether time with a parent should be supported or supervised.

An order can also provide that a child lives with both parents, even where the time spent in each household is not exactly equal.

The Court's paramount consideration is the welfare of the child. It will consider the individual circumstances of the family rather than simply deciding what is fairest to either parent.

What is CAFCASS and will they be involved?

CAFCASS stands for the Children and Family Court Advisory and Support Service. CAFCASS may become involved when an application concerning children is made to the Family Court.

Their role is to safeguard and promote the welfare of children and provide information and, where directed, recommendations to the Court.

In many cases, the Court will ask CAFCASS to prepare a Child Impact Report. This can involve speaking to both parents, considering any safeguarding concerns and, where appropriate, speaking to or observing the child.

CAFCASS may then make recommendations about what arrangements they consider to be in the child's best interests. However, the final decision remains with the Court.

What if my child says they do not want to see their other parent?

A common misconception is that once a child reaches a particular age, they can simply decide whether they see their other parent.

There is no fixed age at which a child automatically makes this decision.

A child's wishes and feelings are an important consideration, but the weight given to them will depend upon factors including their age and understanding. The Court will also want to understand why the child does not want to spend time with their other parent.

For example, there may be genuine safeguarding concerns, the child may be struggling with their parents' separation, there may have been a breakdown in their relationship with one parent, or they may have been exposed to parental conflict.

CAFCASS may explore the reasons behind a child's views and report these to the Court. Importantly, children should not be placed in the position of having to choose between their parents.

What is parental responsibility?

Parental responsibility refers to the legal rights, duties, powers and responsibilities a parent has in relation to their child.

It includes responsibility for important aspects of a child's upbringing, such as their education, medical treatment and other significant welfare decisions.

Having a Child Arrangements Order does not necessarily mean that one parent has greater parental responsibility than the other. Where both parents have parental responsibility, they will generally continue to have responsibilities towards their child even if the child spends more time living with one parent.

Disagreements can sometimes arise about how parental responsibility should be exercised. Where parents cannot resolve a particular issue, a Specific Issue Order or Prohibited Steps Order may be required.

What is a Specific Issue Order?

A Specific Issue Order asks the Court to determine a particular issue concerning a child's upbringing where those with parental responsibility cannot agree.

This could include disputes about:

• which school a child should attend;
• certain medical decisions;
• aspects of a child's upbringing; or
• other significant decisions concerning the child.

The Court will determine the issue based upon what it considers to be in the child's best interests.

What is a Prohibited Steps Order?

A Prohibited Steps Order prevents a person from taking a particular step in relation to a child without the Court's permission.

For example, an application may be appropriate where there is a dispute or concern about a parent:

• removing a child from the country;
• relocating with the child;
• changing the child's school; or
• taking another significant step concerning the child's upbringing without agreement.

In urgent circumstances, it may be possible to ask the Court to consider an application quickly.

Do I have to go to Court?

Not necessarily.

Parents are generally encouraged to try to resolve arrangements outside of Court where it is safe and appropriate to do so. In most cases, before making an application, you will also need to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies.

Where an agreement cannot be reached, however, an application can be made to the Family Court, usually using a C100 application.

The Court can then consider what arrangements are in the child's best interests and, where necessary, make a Child Arrangements Order.

Need advice about child arrangements?

Disagreements about children can be incredibly difficult, particularly where communication between parents has broken down or there are concerns about a child's welfare.

Whether you are considering applying for a Child Arrangements Order, responding to an application, dealing with a child who is refusing to see their other parent, or need advice about a Specific Issue Order, Prohibited Steps Order or parental responsibility, obtaining legal advice at an early stage can help you understand your options.

Harrington Family Law can advise you on your options and help you determine the most appropriate way forward for you and your family.