What You Need to Know about Child Arrangement Orders

In this article, we will talk through what a Child Arrangement Order is, whether you can depart from one, what happens if it is breached and how long it lasts.

1. What Is a Child Arrangement Order?

A Child Arrangement Order is an order from the court that regulates who a child lives with, who they spend time with and who they have contact with. This order is often part of a separation, as couples sometimes find it difficult to agree on these decisions. If a couple cannot agree on such decisions through conversation and compromise, the next step would be applying for a Child Arrangement Order.

2. Who Can Apply for It?

Most often, the biological parents would apply for this order, as part of their separation/divorce. However, anyone who has parental responsibility in the eyes of the law (this could be a step-parent, grandparent or a legal guardian) can also apply for the order.

3. How Long Does It Last?

The order will usually remain legally binding until the child reaches the age of 16. After the age of 16, it is up to the child to decide who they have contact with, who they spend time with and how much time they spend with them.

However, the ‘live with’ part of the order will remain binding until the age of 18. So, the child can choose to spend more time with the other parent, but they might not be able to choose to live with them.

4. What Happens if the Order is Breached?

The court doesn’t keep on top of enforcing the orders. So, if the order is breached, the court would only be aware if a formal application for enforcement is made. You can only make an application to apply if the Order contains a ‘Warning Notice’ which sets out the consequences of failing to comply with the order. A Child Arrangement Order MUST contain this warning Notice to allow an enforcement order to be made by the Court. 

Even if the enforcement application is made, the court will only intervene if they are certain (on the balance of probabilities) that either party failed to comply with the order. And, in such cases, an Enforcement Order will not be made if the court is satisfied there was a reasonable excuse for the non-compliance.

5. What Happens if Both Parties Agree to Depart?

If both parties agree to changes, it would not be deemed as a breach of the order.

For example, if both parents agree that the child is going to spend 1 extra night per week staying with the other parent, this is not considered a breach.

However, this informal agreement is not legally binding. That means if the agreement comes to an end (perhaps because either party has changed their mind), both parties will have to revert to the original order.

6. How Can A Lawyer Help?

Making a Child Arrangement Order involves several steps, from declaring your intent to seek out the order to attending Mediation Information Assessment Meetings (MIAM). To ensure you navigate the process successfully, and to get the best outcome for the child/children, we suggest you speak to a legal representative.

At Greens, we have a team of family law specialists in Birmingham and Worcester. Our family law solicitors can help you with any issues that arise relating to children, during a separation or divorce. Just get in touch to speak with our experts.