If you and your child’s other parent have separated, making child arrangements will help you and your child have some certainty for the future. Formally agreeing on where your child will live and how much time they will spend with each parent can help reduce misunderstandings and conflict.
What is a Child Arrangement Order and What Can it Include?
A child arrangements order is a legally binding document setting out parenting details for your child. The courts prefer that the arrangements are made by parents wherever possible, by negotiation and agreement.
Once you and your child’s other parent have decided what is going to be included in your child's arrangements, you are advised to write the details down so that they are recorded. Your solicitor can then put this into a draft document and ask the court to approve and seal it, making it a legal court order.
A child arrangements order can include whatever issues you would like. Common clauses include:
- Where and who they will live with
- How much time they will spend with each parent
- How they will keep in touch with each parent while they are not together
- Who else the child will see, such as extended family
- What will happen during the school holidays
- How other events such as holidays, birthdays and Christmas will be dealt with
What Happens When Parents Cannot Agree on Child Arrangements?
If you and your child’s other parent are unable to agree on the contents of your child's arrangements, you are legally required to at least consider mediation, unless domestic violence is an issue.
We can refer you to a Mediation Information and Assessment Meeting, or MIAM. This is a preliminary meeting with a mediator who will explain the mediation process to you and how matters could potentially be dealt with without the need to attend court.
You do not have to go to this meeting with your child’s other parent if you do not want to – you can each go to a separate meeting.
If you are both agreeable to mediation, you will attend a series of meetings to try and deal with your differences and find an acceptable solution.
There are also other forms of alternative dispute resolution that you can try, such as collaborative law and arbitration. We can discuss the options with you and which might be the best choice for your circumstances.
Alternative dispute resolution is almost always quicker than litigation. It also helps parents work together to find the right solution for their family and can reduce conflict.
Applying for a Child Arrangement Order
If an agreement cannot be reached, the last resort is to ask the court to deal with matters. In looking at your case, the judge will ask the Children and Family Court Advisory and Support Service or Cafcass to visit your family and prepare a report. This will inform the court in making its order.
The court will also go through the welfare checklist when deciding what arrangements to make, looking at:
- The child’s wishes and feelings in light of their age and understanding of the situation
- The child’s physical, emotional and educational needs
- The likely effect on the child of any change in circumstances
- Their age, sex, background and any other relevant characteristic
- Any harm they have suffered or are at risk of suffering
- How capable each parent is of meeting their needs
- The powers available to the court
The court will always prioritise the best interests of the child in reaching its decision.
Enforcing the Order - What Happens if a Child Arrangements Order is Breached?
If your child's arrangements order is breached, you are usually advised to try and communicate with your child’s other parent to establish why this has happened and see whether matters can be resolved.
Where they cannot or the problem is persistent, we can help you in dealing with the matter. We will write to the solicitor representing your child’s other parent or where necessary ask the court to intervene.
There are a range of options open to the court in enforcing a child arrangements order, including a fine, compensation if the breach has cost you money, varying the terms of the order or requiring unpaid work to be carried out.
For more information, see our article on the breach of child arrangements orders.
Contact Us
At Witan Solicitors, our family law team has extensive experience with representing parents in putting child arrangements in place. We understand how important it is to have the right agreement for your family and we will work to agree on this on your behalf with a minimum of conflict.
Where possible, we can negotiate on your behalf with the solicitor representing your child’s other parent to try and agree on a parenting plan. If necessary, we can refer you to mediation or other alternative dispute resolution. Where an agreement cannot be reached, we will prepare a robust case on your behalf for a hearing by the court.
Our family law solicitors are generally able to resolve matters without litigation. This is generally preferable, particularly in situations involving children, as it can prevent the situation from becoming overly contentious.
To discuss your specific situation and explore how we can assist you, please contact us at info@witansolicitors.co.uk or complete our contact form to schedule a consultation with one of our specialists.
FAQ
Is it possible for grandparents to apply for a child arrangements order?
Grandparents can only apply for a child arrangements order with the prior permission of the court, as they do not generally have parental responsibility for the child. Grandparents are advised to speak to a solicitor about pursuing this option.
Are child arrangement orders legally binding?
A child arrangements order is an order of the court and as such is legally binding on both you and your child’s other parent.
What is parental responsibility, what does it mean?
Parental responsibility refers to the rights and responsibilities relating to a child. It is a legal concept and includes the responsibility to provide a home, protect and maintain the child, discipline the child, arrange for education, agree to medical treatment and look after the child’s property.
A child’s birth mother automatically has parental responsibility. The father has parental responsibility if he was married to the mother at the time of the birth or if he is named on the birth certificate. If a father does not have automatic parental responsibility, it is possible for the mother to agree to this or for the father to apply to the court for it.
For more information, see our guide to parental responsibility.
