What is a Child Arrangements Order?

What is a Child Arrangements Order?

Child Arrangement Orders have replaced Contact and Residence Orders, although if you already have one of these, you do not need to reapply.

A Child Arrangements Order is a court order setting out:

• with whom a child should live, spend time, or otherwise have contact, and
• when a child is to live, spend time or have contact with anyone.

Each Child Arrangements Order is decided on the individual family’s circumstances and what is in that child’s best interests.

Who can apply for a Child Arrangements Order?

Child Arrangement Orders are most commonly made for biological parents when they separate or divorce. However, anyone with parental responsibility can apply.

Mediation Information Assessment Meeting

Before applying for a Child Arrangements Order, attending an initial mediation session – called a Mediation Information Assessment Meeting (MIAM) – is compulsory unless you are applying for an Order by consent. If your ex-partner decides not to attend, you will receive a signed MIAM form from the mediator. You are also exempt from attending a MIAM if certain conditions apply, for example, if there has been a history of domestic abuse.

At the MIAM, the family mediator considers your suitability for mediation or another form of non-court dispute resolution as an alternative to court proceedings. The aim is to encourage the parties to resolve disputes outside the court process wherever possible.

How to apply for a Child Arrangements Order

The next stage is to apply to the court nearest your child’s home using Form C100. That form sets out details of all the parties and children and the reasons for which you are making the application. If there are any allegations of harm, including emotional/psychological harm, then a further form (C1A) also requires completion.

At the time of writing, the court fee for lodging the application is £233.

The court then processes your application, and your solicitor (or the court if you are unrepresented) serves a copy of the court papers on everyone with parental responsibility for the child. They then have 14 days to acknowledge receipt and complete their answers.

The court also sends a copy of your application to CAFCASS, who undertake safeguarding checks with the police and social services.

The preliminary court hearing is known as a First Hearing Dispute Resolution Appointment (FHDRA). A CAFCASS officer should attend to offer guidance, although, in my experience, a lack of resources often means they are not present. If you cannot reach an agreement or safeguarding concerns require investigation, the court will direct how your case should proceed. Depending on the issues, that might involve further hearings, statements, or waiting for reports from CAFCASS or social services.

What the court considers when making a Child Arrangements Order

In making a Child Arrangements Order, the court considers the welfare checklist found in Section 1(3) of the Children Act 1989. Following this checklist means considering the following:

• The ascertainable wishes and feelings of the child in light of their age and understanding.
• The child’s physical, emotional, and educational needs.
• The likely effect on the child of any change in their circumstances.
• The child’s age, sex, background, and any of the child’s characteristics the court considers relevant.
• Any harm which the child has suffered or is at risk of suffering.
• How capable each of the child’s parents, and any other person about whom the court considers the question relevant, is of meeting the child’s needs.
• The range of powers available to the court under the Children Act in the proceedings in question.