A Child Arrangements Order is an Order, made by the Court, within Children Act 1989 Proceedings. The order can set out where a child is to live and whom the child is to spend time with.
When should I apply for a Child Arrangements Order?
Following the breakdown of a relationship, parents’ emotions are understandably heightened which can lead to making arrangements for your child difficult.
As a result, if the parents cannot agree on arrangements for the child between themselves, the first option would be to attend mediation. Mediation would allow an independent professional to assist in deciding arrangements for the child. However, mediation may not always be appropriate for example, domestic violence within the relationship, or simply it may not be an effective method for the parents.
A mediation agreement is not legally binding; therefore, a parent may feel it is necessary to seek the assistance of the Court. In this instance, the parent would complete a C100 Application (which may be supported by a C1A if appropriate) in respect of a Child Arrangements Order. If the parent has parental responsibility for the child, they will not need to seek permission from the Court to make the application. However, if the parent does not have parental responsibility, they will need to seek the Court’s permission to make this application.
What type of Child Arrangements Order should I apply for?
There are three types of Child Arrangements Order.
The first is a Child Arrangements Order – Live With. This is an order that states whom a child is to live with and will allow that parent to make day-to-day decisions about the child. It will also allow this parent to take the child out of England and Wales for a period of up to one month without the consent of the other parent.
The second is a Child Arrangements Order – Spends Time With. This is an order that states who a child is to spend time with. This order will include the specific days and times that a child will spend time with the other parent.
The third is a Child Arrangements Order – Shared Live With. This is an order that states the child is to live with each parent. This does not have to be an equal 50/50 arrangement.
What happens after I have made an application to the Court for a Child Arrangements Order?
Once you file a C100 Application for a Child Arrangements Order, the Court will process your application and send a sealed copy, along with an Order containing instructions, to the other parent. You will also receive a copy of both documents.
The Order will likely require you to submit and share a parenting plan, and the other parent will need to do the same if their plan differs from yours. Additionally, the Court will likely require each parent to file and serve a short position statement and will ask Cafcass to complete a safeguarding letter. The Court will then list your matter for a First Hearing Dispute Resolution Appointment which you will be required to attend.
When making a Child Arrangements Order, what does the Court consider?
When determining what Order the Court shall make, the child’s welfare will be their key consideration.
The Court must consider the statutory checklist contained within section 1(3) of the Children Act 1989 which states that the Court shall have particular regard to –
- The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
- His physical, emotional and educational needs;
- The likely effect on him of any changes in his circumstances;
- His age, sex, background and any characteristics of his which the court considers relevant;
- Any harm which he has suffered or is at risk of suffering;
- How capable each of his parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting his needs; and
- The range of powers available to the Court under this Act in the proceedings in question.
To assist the Court in determining the welfare checklist, they may require evidence to be filed and served by each parent and an independent third party.
This evidence could include a safeguarding letter filed by Cafcass, a section 7 report filed by Cafcass or the Local Authority, a statement filed by both parents, a letter from the parent’s GP or a letter from the children’s school. The evidence required by the Court depends on each case and the concerns raised by the parents or anyone who is concerned with the matter.
If you seek further legal advice on a Child Arrangements Order or require any other legal assistance for children matters, please do not hesitate to contact our expert Family Team at info@brethertons.co.uk or you can phone 01295 270999 (Banbury Office), 01869 252161 (Bicester Office), 01788 579579 (Rugby Office) or 01242 472747 (Cheltenham).
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