Child
Arrangement
Orders
- Have you recently split from your partner?
- Unsure How to Agree on parenting?
- Need help with Child Arrangement Orders?
- Want to avoid going to court?
Child Arrangement Orders were introduced in 2014, replacing the older Residence and Contact Orders. This change aimed to simplify the legal framework and provide a more comprehensive approach to managing the living and contact arrangements for children following the separation or divorce of their parents. Families can find working things out between them isn’t much help and this is where a child arrangements order comes into place.
The purpose of the order specifies where the child will live, who they will spend time with, and how other forms of contact, such as phone calls, will be managed. The primary goal of a Child Arrangement Order is to ensure the child’s welfare and stability, providing a structured framework that prioritises their best interests. These orders replace the older residence and contact orders, offering a more comprehensive approach to managing the child’s upbringing. By clearly outlining the responsibilities, legal rights and expectations for each parent, Child Arrangement Orders help reduce conflicts and provide a predictable environment for the child to thrive.
A child arrangement order is a court order that determines where a child will live, who they will have contact with, and when. It impacts custody arrangements by legally binding the parties involved to follow the terms set out in the order, ensuring clarity and stability for the child’s living situation.
There are two types of child arrangement orders, and these are as follows:
1. Who is the child to live, spend time and have contact with
2. When is the child to live, spend time, and have contact with another person (Specific Issues Order)
These arrangement orders are similar to the previous ‘residence and contact orders’.
It has legally been adjusted from ‘residence order‘ to ‘an order providing with whom the child is to live with or when the child is to live with another person‘ and ‘contact order‘ to ‘an order providing with whom the child is to spend time/have contact with‘.
However, each type of arrangement is different from one another, they reflect upon where a child should live full-time, and where and when a child should have contact with someone else.
Creating child arrangements orders through family mediation involves addressing parental responsibility and ensuring the child’s best interests are prioritized. During mediation, parents can receive legal advice and professional advice to develop a parenting plan that outlines the terms of the order, including medical treatment and specific issues. In cases involving domestic abuse or child abuse, exceptional circumstances may require a formal application to the court. Legal aid and financial help may be available to cover court fees and legal representation.
The process begins with a Mediation Information Assessment Meeting (MIAM).This first meeting can go a long way to helping you understand the issues that need to be discussed. The local authority and family court advisory services, such as CAFCASS, play a crucial role in assessing the family’s situation. If an informal agreement cannot be reached, a court order or specific issue order may be issued. Enforcement proceedings can be initiated in case of a breach of the order, and an enforcement order may be necessary. The complexity of the case and the need for a written statement detailing relevant details will determine the final order. Ultimately, the goal is to achieve the best possible child arrangements, ensuring the child’s safety and wellbeing.