Separating from a partner is difficult enough without disagreements over where children should live or how much time they should spend with each parent. Most separated parents are able to agree these arrangements between themselves, but where that isn’t possible, the law provides a way through: a child arrangements order. Understanding how the process works can make it feel far less daunting.
What is a child arrangements order?
A child arrangements order is a court order made under the Children Act 1989 that sets out who a child lives with, and when and how they spend time with the other parent or other important people in their life, such as grandparents. It replaces what used to be called “custody” and “access” orders.
Do you have to go to court?
Not straightaway. Before applying to court, most parents are required to attend a Mediation Information and Assessment Meeting, known as a MIAM, to see whether mediation could help resolve things without a court application. There are exceptions to this requirement, including cases involving domestic abuse or an urgent safety concern.
What does the court consider?
The child’s welfare is the court’s paramount consideration, meaning it comes above the wishes of either parent. In deciding what arrangement is best, the court works through what’s known as the welfare checklist, which includes:
- The child’s own wishes and feelings, considered in light of their age and understanding
- The child’s physical, emotional and educational needs
- The likely effect of any change in circumstances
- The child’s age, sex, background and any relevant characteristics
- Any harm the child has suffered or is at risk of suffering
- How capable each parent is of meeting the child’s needs
What role does Cafcass play?
In many cases, the Children and Family Court Advisory and Support Service, known as Cafcass, will be asked to carry out safeguarding checks or, where more detailed input is needed, a full welfare report. Their role is to give the court an independent view of what arrangement would best serve the child, based on speaking to the parents and, where appropriate, the child themselves.
What if arrangements need to change later?
A child arrangements order isn’t necessarily fixed forever. As children grow older and circumstances change, whether that’s a parent relocating, a change in work patterns, or a child’s own changing needs, it’s possible to apply to vary an existing order.
How Oliver & Co Solicitors Can Help
Disagreements over child arrangements are stressful for the whole family, and our Family Law team understands how much is at stake. We can advise on mediation, help you reach an agreement without going to court wherever possible, and represent you if court proceedings become necessary. If you would like to discuss a family law issue, call us on 01244 312306, email law@oliverandco.co.uk or complete the Contact Form on our website.
Frequently Asked Questions About Child Arrangements Orders
Will the court always order shared custody?
There’s no legal presumption of a 50/50 split. The court’s only concern is what arrangement best serves the child’s welfare, which might mean equal time with both parents, or a different arrangement entirely, depending on the family’s circumstances.
At what age can a child decide who they want to live with?
There’s no fixed age. The court takes a child’s wishes and feelings into account, giving them more weight as the child gets older and more mature, but the final decision is always based on the child’s overall welfare, not their preference alone.
What happens if the other parent breaks a child arrangements order?
A child arrangements order is legally binding. If it isn’t followed, you can apply back to the court, which has various powers available, including varying the order or, in more serious cases, imposing penalties for non-compliance.
Can grandparents apply for a child arrangements order?
Grandparents don’t have an automatic right to apply, but they can seek the court’s permission to do so, and are often able to obtain it, particularly where they’ve played a significant role in a child’s life.
