Child Arrangements Order

When a couple divorces, one of the most challenging issues to resolve is where their children should live and how they should split their time. Parents usually share a home with their children and see them every day, so facing the consequences of the separation on their time with their children can be incredibly challenging. If you and your ex-partner cannot reach an agreement on the issue, the Court will step in and make a ‘Child Arrangements Order’ based on the child’s best interests.

At Simper Law, our family law solicitors have extensive experience advising clients on all aspects of their divorce or civil partnership dissolution, including Child Arrangements Orders. They understand the sensitivity of these issues and approach each case with the compassion and empathy it deserves. When you entrust us to assist you in making child arrangements, you can be confident of exceptional legal advice with a personal touch.

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What Is A Child Arrangements Order?

A Child Arrangements Order is a type of Court Order detailing matters relating to a child’s care. It usually addresses issues like where the child should live and how often they will have contact with each partner.

Who Can Apply For A Child Arrangements Order UK?

It is not only the child’s parents who can apply for a Child Arrangements Order. Anyone who meets the relevant criteria can apply without the Court’s permission. This includes the following people:

The child’s parents.
The child’s guardians.
Family members with whom the child has lived for at least a year.
Someone with whom the child has lived for at least three years.

If other people, such as grandparents, wish to apply for a Child Arrangements Order, they will need the Court’s permission.

Our family law solicitors will advise you on whether you are eligible to apply for a Child Arrangements Order and prepare the Application on your behalf.

How Does The Court Decide The Terms Of A Child Arrangements Order?

There is no one-size-fits-all when it comes to Child Arrangements Orders. The Court’s primary concern will be the wellbeing of the child, and it will make an Order based on what would be in their best interests.

When deciding on the terms of a Child Arrangements Order, the Court will take numerous factors into account, including the child’s wishes and needs.

What Types Of Issues Do Child Arrangements Orders Address?

Child Arrangements Orders address issues relating to the child’s care. They commonly deal with the following matters:

Who the child should live with.
Where the child should live.
Who the child should spend time with.

Judges have wide discretion when making Child Arrangements Orders. In addition to stating where the child should live and with whom, the Child Arrangements Order may contain other provisions, such as restricting one parent’s visiting rights.

Are Child Arrangement Orders UK Enforceable?

Yes, if your ex-partner breaches the Child Arrangements Order, you can ask the Court to enforce it. If the Court is satisfied that there has been a breach for which there is no justifiable reason, they may impose a range of penalties, including fines and, in extreme cases, imprisonment.

If you wish to enforce a Child Arrangements Order, our family law solicitors are ideally placed to assist you by providing swift, cost-efficient advice.

Are There Any Alternatives To Child Arrangements Orders?

Yes, if you can reach an agreement with your ex-partner about where your child should live and other pertinent issues, you do not need to apply to the Court for a Child Arrangements Order.

Save in exceptional cases, the parties to a divorce are obliged to attend a Mediation Information and Assessment Meeting (MIAM) before they apply for a Child Arrangements Order. At a MIAM, an impartial third party known as the mediator will assess the suitability of your case for mediation. However, mediation is an entirely voluntary process. Even if the mediator believes your case is suitable, you are under no obligation to engage with the process. Instead, you can obtain a MIAM form from the mediator confirming that you attended the meeting and proceed with making a Court application.

It’s always sensible to give serious consideration to mediation and other forms of alternative dispute resolution when dealing with child arrangement issues. Mediation can produce excellent results and is cheaper and quicker than Court proceedings. Furthermore, it is less acrimonious than litigation, so it can be far less stressful for your children.

Our family law solicitors will advise on your options and assist you in deciding which would be best in your case. They will guide you through your chosen process, working tirelessly to secure a fair outcome for you and your family.