Child Arrangements Order Solicitors

A Child Arrangements Order is a court order that can be used to help parents going through a divorce or civil partnership dissolution work out arrangements for children.

A Child Arrangements Order will cover matters like:

• Where your child will live
• How much time they will spend with each parent
• Practical details such as what types of contact is suitable (e.g. supervised visits, phone calls, emails) and when the child will spend time with each parent

In many cases, parents are able to come to an agreement without involving the courts. However, we appreciate that there are also many cases where this is not possible. We can provide clear, sensitive advice tailored to your individual situation so you can make an informed decision about whether applying for a Child Arrangements Order is in yours and your child’s best interests.

If you need to apply for such an order, we can assist you throughout the entire Child Arrangements Order process. Additionally, if you need to apply for a different type of Court Order for a child, we can help here too.

Before you can apply for a Child Arrangements Order, you will need to attend a Mediation Information and Assessment Meeting (MIAM) (unless you are exempt). The purpose of this meeting is to decide whether you and your partner might benefit from mediation rather than resorting to court.

To make the application, you must fill in a court form and submit it with evidence that you have attended a MIAM or have otherwise tried to use Alternative Dispute Resolution (ADR) to resolve the matter. There is a court fee for making the application, but you may be eligible for legal aid or fee remission to help with your costs if you are on a low income or receive benefits.

Once the court has issued your application, they will contact you to tell you when your hearing will be.

At the court hearing, the judge will probably enquire whether there is still a chance you and your former partner can come to a decision between yourselves. If you cannot, they may make an Order to resolve the issue or adjourn (postpone) the hearing until a later date.

We will support you throughout the entire process, including representing you in any hearings and presenting your case on your behalf.

Cafcass (the Children and Family Court Advisory Support Service) is an organisation that represents the interests of children in family court cases in England. They ensure your child’s happiness, wishes and personal feelings are heard and taken into account.

Before your hearing, Cafcass will usually carry out safeguarding checks and give you a call to discuss any concerns you may have over your child’s safety and welfare. Cafcass will work with you and your former partner during the hearing and, if possible, help you find a resolution to the matter.

If you would like more information regarding Cafcass and their involvement in Child Arrangement Order matters, please get in touch.

The Court is required by law to make decisions that are in the best interests of the child. This means even if you ask for a certain Order, the court may make a different Order if it is better for your child’s welfare. Although it can be worrying for a judge to make a decision about your family, it is usually considered to be in the child’s best interests to have regular, meaningful contact with both of their parents.

There are a number of factors that the courts take into account when deciding what is in the best interests of the child:

• The child’s ascertainable wishes and feelings (taking into account their age and understanding of the matter)
• The effect any change in circumstances will have on them
• Their physical, emotional and educational needs
• Whether they are at risk of harm or have suffered harm
• The capability of the parents to meet the child’s needs
• The child’s age, sex, background and other relevant characteristics

This is called the "welfare checklist". The court also follow the "no order principle" - it will not make any order unless it is in the child’s best interests. This means it is never too late to come to an agreement with your former partner. If you are able to do so before the hearing, you can request that the judge makes your agreement legally binding in the form of a Consent Order.

If you have any concerns regarding a Child Arrangement Order decision, and you believe that a wrong decision has been made by the Courts, please get in touch.

We realise that divorce and child arrangements is a sensitive topic and will always treat your case with care.

If your former partner is not following the Child Arrangements Order, you can take them to court to enforce it. However, the court may not agree to enforce the Order if:

• They think your former partner has a good reason
• It is in your child’s best interests not to enforce it

When it comes to the conditions of a Child Arrangement Order and child access, the Court will always put the best interests of your child first.

The Court fee to apply for a Child Arrangement Order is £255. Any legal support that you receive will be charged separately to this, by your solicitor, and will likely vary according to the level and type of support you need.

If you choose to work with us at Crisp & Co, our Solicitors for Child Arrangements Orders will ensure that you receive clear information regarding your fees at the beginning.

A Child Arrangements Order is legally binding until the child in question turns 16 years old. Once the child has turned 16 they are able to make their own decisions about contact with the non-resident parent.

In certain circumstances, a Child Arrangement Order may be enforced for a shorter duration of time, which will be specifically stated in the Order.

There are three ways you can change a Child Arrangements Order:

• If you and your former partner both agree, you can choose to do something different without going back to court to change the Order. However, if one of you later changes your mind, you cannot enforce the change in court
• If you and your former partner both agree, you can apply to court for a Consent Order to record your new agreement. This makes the agreement legally binding, and you can sue if your partner breaches it
• If you and your former partner cannot agree, you can ask the court to vary the Court Order

If you are confused about your option, and require advice, please contact our child arrangement solicitors.

In some circumstances, the Court may choose to put an interim Child Arrangements Order in place. An interim Child Arrangements Order is a type of order that’s put in place temporarily, outlining a temporary plan for child contact and residency.

These Court Orders are used when the legal processes to decide on permanent arrangements for the child are ongoing. In many cases interim orders are used to ensure the welfare of the child until any final decisions are made.

If you believe that your situation may require an interim Child Arrangement Order, please contact us to discuss your options.

Yes, a Child Arrangements Order is legally binding, and therefore the terms of the Court Order must be followed.

If your ex-partner has breached the terms of the Child Arrangement Order, it is advisable to seek legal support, depending on the circumstances.