Child Arrangements Order

What is a child arrangements order?

A child arrangements order:

a.       Regulates with whom a child lives, spends time or otherwise has contact with;
b.       Regulates when a child lives, spends time or otherwise has contact with a person;
c.       Prevents a parent, or other person, taking a specified step in relation to a child (‘a prohibited steps order’); or
d.       Determines a specific question in relation to a child (‘a specific issue order’).

Child arrangements order applications are ordinarily disputes between parents, but can include others, such as grandparents.  Such disputes were previously referred to as custody/residence or access/contact disputes, although this terminology is no longer used.

A prohibited steps order could, for example, prevent a parent removing the child from the country, removing them from a school, dismissing a nanny or moving from one area to another.

A specific issue order application can relate to any issue as to how parents exercise their parental responsibility.  For example, it could concern which school a child attends, medical treatment or religious issues.

Child arrangements order applications

Unless there is a good reason not to, parents are expected to attend an information session regarding mediation before applying to the court for a child arrangements order.  Unless agreement can be reached, a court application will likely be required to resolve any dispute.

Normally, the court will list a first hearing dispute resolution appointment (FHDRA), followed by a dispute resolution appointment (DRA) and, if agreement cannot be reached, a final hearing.

The FHDRA provides an opportunity to clarify issues which divide the parties, and to attempt to reach agreement. At the FHDRA, the judge, working with the Cafcass Officer, will seek to assist the parties to resolve the issues between them. Any remaining issues will be identified, the Cafcass Officer will advise the court of any recommended means of resolving such issues, and directions will be given for the future resolution of such issues.

The focus of the DRA is to try and reach agreement so that a child arrangements order can be made by agreement.  At the DRA the court will:

1.          Identify the key issues to be determined and the extent to which those issues can be resolved or narrowed at the DRA;
2.          Consider whether the DRA can be used as a final hearing;
3.          Resolve or narrow the issues by hearing evidence;
4.          Identify the evidence to be heard on the issues which remain to be resolved at the final hearing;
5.          Give final case management directions, such as dealing with what further evidence is required and listing the final hearing.

If the case is not resolved at the DRA then the matter will be listed for a final hearing to determine the issues in dispute. At a final hearing a judge will made a child arrangements order.

What does the court consider when making a decision?

In dealing with any issue in relation to a child, the court’s paramount consideration will be the welfare of that child.  There is a presumption that, unless proven to the contrary, the involvement of each parent in the child’s life will further the child’s welfare.

When making a child arrangements order the court will have particular regard to:

a.          the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);
b.          the child’s physical, emotional and educational needs;
c.           the likely effect on them of any change in their circumstances;
d.          the child’s age, sex, background and any characteristics of their which the court considers relevant;
e.          any harm which they have suffered or are at risk of suffering;
f.           how capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs; and
g.          the range of powers available to the court in the proceedings in question.

At the conclusion of the hearing the judge will make a child arrangements order which should determine any issues in dispute between the parents.

If you would like to discuss a child arrangement order with our family lawyers in London or if we can assist you with general legal advice, please call us on 020 3405 0060 . Or send us a message to arrange your free initial consultation.