Everything you need to know about Child Arrangements Orders…

A Child Arrangements Order is a legally binding Order created to ensure the welfare of a child. The Order defines who a child is to reside with and with whom they should have contact. The Order, which is most commonly sought during divorces and separations where the parents cannot agree on who the child will live with or how much they will see the other parent, essentially sets out the responsibility for care of the child.

What can a Child Arrangements Order cover?

Each Order is unique to the circumstances and requirements of the case. However, a Child Arrangements Order can include, but is not limited to, provisions for:

• Who a child will live with (this could be with one parent full time, both parents as shared care, alternate weekends, etc.)
• How much contact they will have with the non-residing parent – this can include supervised contact, contact via phone and video calls, letters, etc.
• Holidays
• Which parent will keep the child’s passport
• Drop off/pick up at school days, etc.

Who can apply for a Child Arrangements Order?

There are two categories of people that can apply for a Child Arrangements Order

Individuals with an automatic right to apply:

1. Any parent or guardian, regardless of whether they have parental responsibility
2. Any step-parent
3. Any person over 18 with whom the child has lived for at least 3 years (which do not need to be continuous)
4. A relative of the child who has resided with the child for at least 1 continuous year proceeding the application
5. A Local Authority foster parent
6. An individual who already has a Child Arrangements Order in their favor, in respect of the child.

Individuals who need the Courts permission to apply

Those not listed in category 1 above will require permission from the Court to apply for a Child Arrangements Order. The Court will consider a number of factors when assessing whether to grant permission for the application for a Child Arrangements Order and an assessment will be based on the best interests for the welfare of the child. Factors which may be considered by the Court are the nature of the application, the relationship between applicant and child, any potential risk of disruption to the child’s life by granting permission, and depending on the child’s age, the feelings of the child. This is a non-exhaustive list of possible factors and each application will be assessed individually while prioritizing the child’s welfare.

How long is a Child Arrangements Order legally binding for?

A Child Arrangements Order is legally binding until the child reaches 16 years of age. In certain situations, this can be increased to the age of 18.

Can a Child Arrangements Order be changed?

Yes, an application can be made to Court to vary the terms of a Child Arrangements Order in the event that the Order is no longer fit for purpose.

Do you have more questions about any of the above points or see yourself requiring the help of a specialist to deal with a family law matter? We are here for you so get in touch today and together we can make sure you are in a good and secure position.