What Is A Child Arrangements Order

What Is A Child Arrangements Order When a couple separates, where their children should live and how they should split their time is often one of the hardest fought and most emotive issues. While terms like ‘custody’ and ‘residence’ are still commonly used by parents, they are no longer recognised by the law. Instead, child arrangements are addressed by a Court Order known as a ‘Child Arrangements Order’. So, what is a ‘Child Arrangement Order’? When will the Court make one, and what factors will a Judge take into account when deciding where your child should live and with whom they should have contact?

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When Will The Court Make A Child Arrangements Order?

The Court will make a Child Arrangements Order when the parents have been unable to come to an amicable agreement regarding where their child should live and how they should split their time.

Before applying to Court for a Child Arrangements Order, parents are obliged to attend a meeting with an impartial third party known as a mediator. The meeting is known as a MIAM, which stands for Mediation Information and Assessment Order. You can attend the MIAM with your ex-partner or arrange to meet with the mediator separately.

During your meeting with the mediator, they will discuss the issues regarding your children with you and assess whether your case might be suitable for mediation. Mediation is a form of alternative dispute resolution, since it is an alternative to Court proceedings. Mediation is commonly used to resolve family disputes and can produce excellent results in the right cases.

Anything you say during a mediation is entirely confidential and cannot be referred to in Court proceedings. As a result, the parties are often encouraged to speak openly and honestly without fear of jeopardising their legal position. If you and your ex-partner are able to resolve your issues through the process, we can make your agreement legally binding without you needing to attend a Court hearing.

A key principle of mediation is that it is a voluntary process. Even if the mediator considers your case suitable for mediation, you are not obliged to engage with it. Instead, you can obtain a certificate from the mediator confirming your attendance at the MIAM and proceed to make an application to Court for a Child Arrangements Order.

What Will The Court Consider When Making A Child Arrangements Order?

When deciding on the terms of a Child Arrangements Order, the Judge’s primary concern will always be the welfare of the child. Beyond this overriding principle, the Judge may take into account a range of other factors, including the following:

Your child’s wishes.
The capabilities of the parents in meeting the child’s needs.
Any harm the child has suffered or might be at risk of suffering.
The child’s emotional, physical, and educational needs.

What Is A Child Arrangements Order Likely To Include?

There is no standard form of Child Arrangements Order; the Judge will make the Order it believes will be in the best interests of your child. Unless the Judge has concerns about the child’s welfare, they will usually consider it beneficial for the child to have contact with both of their parents.

Child Arrangements Orders commonly address the following matters:

With whom the child should primarily live.
How often the child should see the other parent, for example, after school, at weekends, or less frequently.
Where the visits should take place, for example, at the non-resident parent’s home or in public.
Whether the child should have additional contact with the other parent outside of their visits, such as regular telephone calls.

Who Can Apply For A Child Arrangements Order?

Some people connected with the child can apply for a Child Arrangements Order as of right. They include the child’s parents or anyone with parental responsibility. Other people, such as grandparents, may be able to apply for a Child Arrangements Order, but they will need to seek the Court’s permission first.

How Can We Help?

Our specialist family law solicitors have decades of experience in family law cases. They regularly assist clients, including parents, grandparents, and stepparents, with all types of family law matters, including Child Arrangements Orders. The head of our Family Law team is a member of Resolution, an organisation of family law professionals committed to resolving family disputes in a constructive and non-confrontational way. Your family law solicitor will work closely with you and your family to find a swift, amicable solution to the issues and minimise the impact of your separation on your children.