Child Arrangements Orders Explained

When parents separate or divorce, one of the most important considerations is the well-being of their children.

Child arrangement orders are legal agreements that outline the living and contact arrangements for children when their parents are no longer together. In this article, we explain what child arrangement orders are, how they work and what you can do if you disagree on child arrangements.

What Are Child Arrangements Orders? 

A child arrangement order is a court order that specifies where a child will live and how much time they will spend with each parent. These orders replace the previous terminology of ‘residence’ and ‘contact’ orders. 

Child arrangement orders aim to provide clarity and structure for the child’s living situation and ensure that they maintain a relationship with both parents.

Types of Child Arrangements Orders

There are two main types of child arrangement orders:

1. ‘Live with’

This type of order specifies who the child will live with primarily. This parent is responsible for the child’s day-to-day care and decision-making.

2.    ‘Spend time with’

This order outlines how much time the child will spend with the other parent, including the frequency and duration of visits, holidays, special occasions, etc.

How to Apply for a Child Arrangements Order

To obtain a child arrangement order, you can either agree with the other parent on the arrangements for your child or, if an agreement cannot be reached, apply to the court for an order. 

It is always preferable to come to an agreement outside of court, as this is less stressful and costly for all parties involved. At Goodwins Family Law Solicitors, we can assist you in negotiating an agreement or, if necessary, represent you in court proceedings.

What Does a Child Arrangement Order Include?

A child arrangement order will specify:

• Where the child will live
• How much time the child will spend with each parent
• The handover arrangements for the child
• How holidays and special occasions will be divided
• Any other specific arrangements, such as telephone or video contact

How Long Do Child Arrangements Orders Last? 

Child arrangement orders typically last until the child reaches the age of 16, unless the court specifies a different end date or the order is varied by the court. In some cases, orders can extend beyond the age of 16 if the child is in full-time education or has special needs.

What Happens if Someone Breaches the Arrangements Order?

If either parent breaches the terms of the child arrangement order, the other parent can apply to the court to enforce the order. The court may issue a warning, impose fines or even change the order if it deems it necessary.

In extreme cases, the court may find the breaching parent in contempt of court, which can result in imprisonment.

What Can You Do if You Disagree on Child Arrangements? 

If you and the other parent cannot agree on child arrangements, you can seek the assistance of a mediator or a family law solicitor. Mediation is a process whereby an impartial third party helps you and the other parent reach an agreement. If mediation is unsuccessful or inappropriate, you may need to apply to the court for a child arrangement order.

What the Courts Consider When Creating a Child Arrangements Order 

When determining a child arrangement order, the court’s primary concern is the child’s welfare. The court will consider various factors, including:

• The child’s wishes and feelings, taking into account their age and understanding
• The child’s physical, emotional and educational needs
• The likely effect of any changes in the child’s circumstances
• The child’s age, sex, background and any relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• Each parent’s capability to meet the child’s needs

At Goodwins Family Law Solicitors, we understand that child arrangement orders can be complex and emotionally challenging. Our experienced team is here to guide you through the process, provide expert advice and help you achieve the best possible outcome for your child. 

If you need assistance with child arrangement orders or any other aspect of family law, please don’t hesitate to contact us.