Child Arrangement Orders
Making arrangements for children can be one of the most sensitive, yet important areas of family law. In this article we give answers to some of the questions you may have around Child Arrangement Orders.
What is a Child Arrangement Order?
A Child Arrangement Order contains key information about how a child will be looked after. The order will regulate:
- Who a child will live with, spend time with and have any sort of contact with
- When a child will live with, spend time with and have contact with each person
Other orders with respect to children, which might be issued alongside or instead of the Child Arrangement Order mentioned above, include:
a) Prohibited steps order – this prevents anyone from taking a specific action without the consent of the court (such as one person moving abroad with the child) b) Specific issue order – this determines a specific issue or question which might arise, such as particular requirements for the child’s religious upbringing or schooling
Who can apply for a Child Arrangement Order?
Only individuals with parental responsibility can apply for a Child Arrangement Order without first seeking permission from the court to do so.
Other relatives or individuals close to the child (such as a step-parent without parental responsibility) can apply, but they will first require a court order. Permission in these situations tends to be granted only if it is in the best interests of the child, such as where there are concerns over the child’s welfare.
Can I apply for a Child Arrangement Order without a solicitor?
You do not need a solicitor to apply for a Child Arrangement Order, but it is highly recommended. Not only can the procedure and forms get complicated, but a judge has the power to order something that you did not apply for, and may not have anticipated.
As such, it is highly recommended that you consult a solicitor who will help you find a solution that works for your individual circumstances, or you may find yourself with an outcome that you had not hoped for. For this reason, it is important to discuss your wishes with a solicitor in the very early stages.
Can you change (or ‘vary’) a Child Arrangements Order?
In short, yes, you can vary a Child Arrangement Order. Circumstances change and your child’s needs may evolve, and changes to the order may be required.
Reasons why you might change your Child Arrangement Order might include:
- You cannot fulfil your obligations set out in the order. This might be as a result of changing circumstances, such as changing jobs or moving home
- You are planning to move abroad (you’d need the permission of the courts to do so if you wish to take the child)
- Your child’s needs or wishes have changed. For example if the child does not wish to visit the other parent, but complying with the child’s request might put you in breach of the requirements of the order
If you want to vary an order, you need to show that it is in the best interests of your child and come to an agreement with the other parent. Failing to get consent from the other parent (in writing) could put you at risk of a breach.
If an agreement can’t be reached by both parents and alternative ways to resolve the dispute have been exhausted, CAFCASS may be instructed by the court to prepare a report on the children’s wishes. CAFCASS will then make recommendations, although it is worth noting that the child’s wishes are not always used to make a decision.
In the absence of any urgent safeguarding concerns (with the evidence to prove them), it is likely that contact will continue in the way prescribed in the original order.
What happens if a Child Arrangement Order is breached?
A breach of a Child Arrangement Order happens when someone who is named in the order fails to comply with the provisions of the order. Courts do not monitor adherence, so they won’t be aware of any breaches unless you make an application to enforce the order.
If a Child Arrangement Order is breached, there are a number of ways in which the court may step in to enforce the order and try to prevent future breaches (see below)
It is important to contact reputable child law solicitors if you are having trouble with a breach of an order – get in touch with Carlsons Solicitors.
How is a Child Arrangement Order enforced?
If a Child Arrangement Order is breached and an application is made to the courts, the ways in which the court may enforce the order might include:
- Referring both parents to a Separated Parents Information Programme (SPIP)
- Referring both parents to mediation in order to reach an agreement that works for everyone involved
- Imposing community service of between 40 and 200 hours on the party who breached the order
- Imposing fines, although this is usually only applicable if one parent suffered loss as a result of the other party’s breach
- Imprisoning a parent, although this is very rare. Even the potential risk of imprisonment tends to (and should) put off individuals from repeatedly acting in breach of the order
It is worth noting that an order will not be enforced if the court believes a party had a reasonable reason for not adhering to the order. Alternatives may also be considered, such as a variation to the order, particularly if the breach occurred due to changed circumstances and the court deems it in the best interests of the child.
How long does a Child Arrangement Order last?
A Child Arrangement Order usually lasts until the child is sixteen, unless the order specifically states otherwise. If separated parents move back into the same household, the order expires after six months of cohabitation.
If a child has a particular diagnosis, such as autism (ASD), their developmental age may be significantly less than a child without the diagnosis, meaning their order may last until they are at least eighteen. They might also require more flexibility within the order to cope with adjustments (such as staying in one place in the event of a meltdown).
Particular clauses, more detailed explanations which set out each parent’s responsibility, and a deep understanding of a child’s needs are important for all children, but particularly so for a child with a disability and/or additional needs.
Contact us for assistance with a Child Arrangement Order
As specialists in family and child law, we are well practised in dealing with Child Arrangement Orders. We have a highly experienced team of respected child law solicitors and treat every matter with the utmost care, providing you with the best possible legal advice. Get in touch with the team today.