A Child Arrangements Order regulates with whom a child spends time or otherwise has contact with and when. This type of order can be as specific or as broad as it needs to be depending on the individual circumstances of the case and what is in the best interests of that particular child. If you are going through a divorce, or wanting to separate from your partner, it is imperative to provide a routine for your children upon separation and come to an agreement with the other parent to maintain the child’s relationship with both parents.
Parents should try to act as amicably as possible following separation in order to facilitate child arrangements by agreement and to avoid use of the legal system where possible. With this being said, we are aware that not all separating parents can remain amicable for a number of different reasons and may not be able to agree with one another when it comes to making arrangements for their children. This can leave some parents with little choice and it may be necessary to apply to the Court for a Child Arrangements Order, once all other options have been exhausted.
Background of Child Arrangements Orders
Child Arrangements Orders were first introduced by the Child and Families Act 2014 in order to replace residence and contact orders.
A Child Arrangements Order deals with both issues that were dealt with separately before the introduction of Child Arrangements Orders pertaining to whom the child will live and with whom they are to spend time with or otherwise have contact with.
In private law children act proceedings, under Section 8 of the Children Act 1989, there are 3 different types of orders that can be made in relation to children:-
- child arrangements orders;
- prohibited steps orders;
- specific issue orders.
Each of these orders will determine a particular matter relating to the child’s upbringing and will be set out in the order, where appropriate.
A Child Arrangements Order can specify that a child lives with one parent and spends time with the other parent on set days and times. It can also set out that a child is to have indirect contact, such as video calls or letters, depending on the circumstances. Grandparents and other family members can also apply for such orders.
Can a Child Arrangements Order be varied?
There is an understanding that many families and their circumstances are inevitably going to change over time and that being the same in relation to the children’s wishes and feelings.
As time goes on, parents may be able to agree to the arrangements between them. Where necessary, it is possible to apply to the Court to vary a Child Arrangements Order.
How long do Child Arrangements Orders last?
Generally, they last until the child is 16 years old.
How long does it take to get a Child Arrangements Order?
The length of time it will take to obtain a final Child Arrangements Order depends on the complexity of the case and whether there are any safeguarding issues concerning the child.
Court proceedings can be lengthy and stressful and should always be a last resort.
Contact us
If you require further advice, or would like to speak with a family lawyer regarding a family dispute, please get in touch today as we offer a free 30-minute initial consultation.