What is a Child Arrangement Order?

It is a Court Order which sets out who a child should live with, spend time with or otherwise have contact with. It replaces ‘residence’ and ‘contact’ orders, although people who have existing residence and contact orders do not need to apply to replace them with child arrangement orders. They are made under powers granted by section 8 of the Children Act 1989.

Who can apply for a Child Arrangement Order?

When should I apply for a Child Arrangement Order?

You can apply for a Child Arrangement Order if you and your partner cannot agree on the child arrangements or if one parent is unreasonably withholding contact.

You must attend a meeting about mediation before issuing an application. This is known as a ‘Mediation Information and Assessment meeting’ (MIAM)

How do I apply for a Child Arrangement Order?

You will need to complete the C100 Court form and send it to Court for issuing along with 3 copies and the Court fee.

How Long Does a Child Arrangement Order Last? 

The Order normally ends when the child is 18 years of age, unless the Court makes the order for a period of time.

Can I Change My Child Arrangement Order?

Once the Order has been issued by the Court, it is possible to vary it. If the variation can’t be agreed with the other party directly, then a further application to the Court will have to be made.

How can I enforce a Child Arrangement Order?

The Court has a wide range of powers and can impose sanctions on anyone who doesn’t comply with the Order. An application can be made to the Family Court for enforcement of a Child Arrangement Order if it has been broken without a reasonable excuse. You can make the application using form C79.

Here at Franklins, our experienced solicitors can make the Child Arrangement Order process easier for you. If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.

It has been a very difficult time for families, particularly parents who do not live in the same household.  No doubt that some parents are concerned about whether the current child arrangements and time they spend with their children will be able to continue. The Government have published guidance on exceptions to the ‘stay at home restrictions’.  They have confirmed that where parents do not live in the same household, children under the age of 18 can be moved between their parents’ homes. 

Where a person has Parental Responsibility for their child they are able to make decisions concerning their child’s welfare and ensure that they are not placed at risk or in vulnerable situations. Therefore where a parent or someone in the household is showing symptoms of the Coronavirus or is in a vulnerable category then parents will need to ensure that their children are not moved between the homes at that time. This may mean that a parent can go sometime without seeing their children as the Government guidance states that a person who has symptoms must stay at home for seven days and if they have family members that live with them they must also stay at home for 14 days. 

At this time parents are going to have to be flexible and work together to ensure that children can still spend quality time with both of their parents during this difficult time. It will take cooperation and consideration for what is in the child’s best interests. Ultimately, if parents cannot agree on the practical arrangements that should take place for spending time with their children then a Court application can be made. It is difficult to know how the Court will treat cases such as these but undoubtedly the Court will look at whether they feel that the parent who preventing contact between the child and the other parent has acted reasonably and cautiously given the current Government guidance.

If you need any advice or assistance relating to family matters, please do not hesitate to contact Kelly Longmore or our Family team today on 01908 660966 / 01604 828282 or email family@franklins-sols.co.uk.