A child arrangements order is a legal document set out by the court that states who a child will live, spend time, and have contact with, and when. This court order is used when parents cannot agree on arrangements for their child, hence require the courts to decide on their behalf. Child arrangements order was introduced in April 2014 as a replacement for Contact Orders and Residence Orders. Child arrangements orders are specific to each case, hence, there is no standard predefined document.
A UK child arrangements order may be used by the court to:
- Name one person who the child will live with
- Name two people living in the same household together, who the child will live with. In most cases, this type of child arrangements order states that the child with live with their parent and a step-parent, or
- Name two persons who live in different households, who the child will live with, often following parental separation. This type of child arrangements order normally sets out the timing for when the child will live in each household (this does not necessarily have be an equal amount of time).
If both parents can agree on arrangements for their children outside of the courts, it is possible to engage a family law solicitor to draft a Consent Order. A Consent Order sets out the details of the agreement reached in a manner that is legally binding once approved by the court.
Can grandparents apply for a child arrangements order?
Grandparents can apply for a child arrangements order but they first need permission from the court to do so. In most cases, it is child’s mother, father or anyone with parental responsibility who applies for a child arrangements order.
When determining whether a grandparent can request a child arrangements order, the court will typically consider the:
- Reason for the child arrangements order application including the individual personal circumstances of the child and the applicants
- Connection of the grandparents to the child
- Potential risks and disruption of the application to the child
How to apply for a child arrangements order
There are several steps involved in seeking a child arrangements order, as follows:
- Attend a mediation information and assessment meeting (MIAM)
- Apply to the court for a child arrangements order using Form C100 (assuming an agreement cannot be reached during mediation)
- First Hearing Dispute Resolution Appointment (FHDRA)
- Dispute Resolution Appointment (DRA)
- Final hearing
- Child Arrangements Order issued
Mediation information and assessment meeting (MIAM)
Before you can apply for a child arrangements order, you will need to book and attend a mediation information and assessment meeting (MIAM). Your former partner must also be invited to attend unless there are exceptional circumstances. During the MIAM a trained mediator will discuss the dispute with both parties and determine whether alternative dispute resolution (ADR) methods such as mediation, collaborative law or arbitration can be used to find an agreement before applying to the court. In many cases, ADR is sufficient to find an agreement on child arrangements.
Apply to the court
If an agreement cannot be reached (or if your former partner refuses to attend a MIAM), you can then apply for a child arrangements order using Form C100. Form C100 can be submitted online or lodged at your local family court. A court fee of £232 must also be paid.
Once your child arrangements order application has been submitted, the court will first check whether you have attended a MIAM or if there is a valid reason for not attending. If they are not satisfied that the MIAM process has been completed, the court may direct you and your ex-partner to attend a MIAM before proceeding.
First Hearing Dispute Resolution Appointment (FHDRA)
During the First Hearing Dispute Resolution Appointment (FHDRA), the court will attempt to identify all of the issues in dispute and resolve them quickly and efficiently. All parties must attend the FHDRA session including, where applicable, the court welfare officer (also known as a Children and Family Court Advisory and Support Service (CAFCASS) officer). During the appointment, any problems will be discussed openly and solutions recommended. At this stage, if an agreement can be reached, an order setting out the terms of the agreement will be written and issued by the court.
If all aspects of the dispute cannot be resolved during the FHDRA, the court may schedule a dispute resolution appointment or a final hearing.
Dispute Resolution Appointment (DRA)
A DRA is normally scheduled if CAFCASS has been asked to write a report to assist the court in making a decision. Again, if the dispute can be fully resolved, the court will draft an order reflecting the agreement. If this has not been achieved, the court may schedule a final hearing.
Final hearing
At a final hearing, the judge will review all the evidence and make a final decision on child arrangements. It should be noted that only a small number of cases end up in a final hearing as most are resolved before this stage. After hearing the evidence and listening to the legal arguments, the judge will draw up a final child arrangements order.
Reasons to vary a child arrangements order
If an existing child arrangements order is in place, it may be possible to vary or amend the contents of the order. A child arrangements order may be varied if:
- New arrangements are required as the child gets older.
- One parent moves to a different region / country or changes their living arrangements which means an order needs to be varied.
- The child has a preference to change their living arrangements.
- The ill-health of one parent means that arrangements need to be changed.
- The relationship between the child and one parent breaks down.
- There are ‘well-founded’ concerns for the welfare for child whilst in the care of a parent.
The above list is by no means exhaustive; there are many reasons why it may be necessary to vary a child arrangements order.
Breach of a child arrangements order
If the court is satisfied beyond reasonable doubt that a child arrangements order has been breached, it has the power to:
- Refer the parties to a ‘separated parenting information programme’ (SPIP) or mediation
- Vary the child arrangements order – i.e. reconsider the child’s living or contact arrangements
- Issue an enforcement order or suspended enforcement order in accordance with section 11J of the Children Act 1989 (CA 1989)
- Issue an order for compensation for financial loss in accordance with section 11O of the CA 1989
- Issue a prison committal summons in accordance with part 37 of the Family Procedure Rules (FPR)
- Issue a fine
In some cases, a person may have a reasonable excuse for breaching a Child Arrangements Order. There is no predefined list of reasonable excuses as each matter is determined on a case-by-case basis. It may be, for example, that a person has a reasonable excuse for breaching a child arrangements order if they were seriously unwell, involved in an accident, or affected by serious travel disruption.
