One of the main concerns for a divorcing couple is to ensure that divorce has no negative impact on their children. As the relationship ends, parents have to decide how to care for the child.
In most cases, separating couples find it challenging to agree on the terms of the arrangement, therefore, the next step is to apply for the child arrangement order.
What is a child arrangement order?
A child arrangement order is a legal order that details the arrangements for a child, including with whom the child would live, how they will spend time, and for how long.
A child’s welfare is the foremost consideration when granting a child arrangement order. This order gives the person, with whom the child lives, permission to make day-to-day decisions.
There is no such thing as ‘usual agreement’ or ‘one size fits all, the terms of the order differ depending on each individual family case.
What does the child arrangement order cover?
Child arrangement order has replaced ‘residence order’ and ‘contact order’. Parents with any of the older orders do not have to reapply for a new one. This order covers
- Where the child lives
- The amount of time the children stay with each parent
- When and how the parent can keep in touch with the child
Who can apply for a child arrangement order?
This order is commonly granted to biological parents in the event of separation or divorce. Anyone with parental responsibility, for instance, a biological parent, a step-parent, a guardian, or another relative, can apply for the child arrangement order.
Applying for the child arrangement order
The divorcing couple has to attend a Mediation Information Assessment Meeting (MIAM) before taking the case to the court. If both parties can not reach a fair arrangement or the mediator considers the case is too complicated for mediation, the parents can move to court.
Next, submit the application form to the court with all the relevant details to seek a child arrangement order. At this stage, the parties should consult a solicitor to help with the paperwork and prepare them for the court hearings.
After receiving the application, the court will issue a first hearing date. At the initial hearing, the parents and guardians along with the Children and Family Court Advisory Service (CAFCASS) have to be in attendance.
The judge will try to understand the dispute and encourage parties to reach an agreement during the first few hearings. If an agreement is reached, it can be turned into a court order.
If both parties fail to agree on the arrangement, the case will proceed through further hearings. After gathering additional information, the court will make suitable arrangements for the final hearing.
Variation to the Child Arrangements Order
Family circumstances change over time so do children’s needs, therefore, either party can apply for the variation of the existing child arrangement order.
However, it is only possible when there is a significant change in circumstances and the proposed changes reflect the child’s needs and welfare requirements.
How long is the child arrangement order valid for?
An arrangement order for the child to live with a parent is only valid until the child is under 18 years of age. Similarly, an order for a child to spend time with a parent lasts until the child turns 16. Only under exceptional circumstances, the court will order 16 or 17 years old to live with a person.
Breach of Child Arrangements Order
In case of any breaches, the court can make a formal application for enforcement. An enforcement order is only made if the court is satisfied that the person has failed to comply with the terms of the agreement.
The guilty party can be sanctioned with a warning, fine, community service, or a prison sentence. An enforcement order will not be made if there is a valid reason for failing to comply with the order.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
About the Author
