What is a Child Arrangements Order
When parents separate, often the most emotionally challenging decisions they have to make relate to arrangements for their children. When parents are unable to agree how they will regulate new living arrangements, which may include arrangements for education, then it may be necessary to issue an application with the Family Court for a Child Arrangements Order.
This blog is aimed at providing a general overview of what a Child Arrangements Order is and when it might be appropriate to apply to the Court for an order regulating arrangements for children following a separation.
A Child Arrangements Order is a legal order issued by the Family Court in England and Wales which will usually regulate the following: –
- Where a child will live.
- How a child will spend time with both parents, which may include regulating the arrangements for the collection and return of a child.
- Any specific issue relating to the welfare of the child. This might relate to which school the child should attend, or whether a child should be permitted to travel abroad with the other parent.
Should I apply for a Child Arrangements Order?
Although in some situations it will be necessary for a parent to apply for a Child Arrangement Order, issuing an application with the Family Court should be a last resort for parents. Every effort should be made to reach an agreement directly rather than inviting the court to intervene in matters concerning their children.
Section 10 of the Children and Families Act 2014 requires parties to attend a MIAM (Mediation Information and Assessment Meeting) prior to issuing an application for a Child Arrangements Order. Attending a MIAM will provide parties with useful information regarding the process of mediation and whether the current dispute is suitable to attempt to resolve it at mediation. Not all cases will be suitable for mediation, but parents are required at the very least to consider mediation as a more appropriate way of resolving any dispute relating to their children.
If a court application is necessary, the factors that the court will have regard to are contained in Section 1 (3) of the Children Act 1989. This is referred to as the welfare checklist and consists of seven statutory criteria that the courts must consider under the Children Act 1989 when reaching its decision in cases involving children.
The seven criteria set out in the welfare checklist under s1(3) Children Act 1989 are:
- The ascertainable wishes and feelings of the child concerned.
- The child’s physical, emotional and educational needs.
- The likely effect on the child if circumstances changed as a result of the court’s decision.
- The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision.
- Any harm the child has suffered or maybe at risk of suffering.
- Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs.
- The powers available to the court in the given proceedings.
Section 1 of the Children’s Act states that the welfare of the child will be the paramount consideration for the court when making any decision relating to a child’s upbringing.
Once a court application is issued, in all cases a CAFCASS office will be assigned to the case. In some cases, the CAFCASS officer will be appointed to carry out a more detailed analysis of the background and issues and prepare a report. The report will contain recommendations and guidance for the court as to what CAFCASS regard to be the best outcome for the child. These recommendations can be very persuasive in determining a final outcome.
Once a Child Arrangements Order has been granted by a court, it is a legally binding court order which both parents must follow. If a parent fails to adhere to the terms of an order without good reason, then they may face sanctions such as a fine, or community service.
If you have separated from your partner or spouse and you have children and you are having difficulties agreeing what arrangements should be put in place on or after your separation, then it is advisable that you seek independent legal advice as soon as possible. At Greens Solicitors, we have specialist accredited lawyers who can assist you in understanding the process and providing you with advice relating to a Child Arrangements Order.
