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Separating parents can often agree where, and with whom, the children will live and what time they will spend with each parent. Where agreements are forthcoming, it is usually beneficial to take some legal advice to ensure all aspects have been considered and to discuss whether to formalise the arrangements.

When there are disagreements, they can be intense, children can become caught in the middle and the relationship can break down even further. Taking early advice to understand the rights, responsibilities, and options available can typically help to avoid this and provide you with peace of mind about the future.

We seek to provide a personal service to our clients and have a team of experienced and understanding solicitors specialising in family law and alert to the issues you need to consider.

Please note, we do not offer legal aid.

What is a child arrangements order?

A child arrangements order is a court order that sets out where a child lives, what time is spent with each parent (or other parties) and where, and what other types of contact take place (phone or video calls for example). It can also deal with other parenting issues related to the arrangements.

When parents separate, it isn't always possible for both sides to agree on the child arrangements and in these cases it may be necessary for a child arrangements order to be applied for. In some cases such an order can be applied for by consent, where the benefit of a court order being in place is needed, and in many others the parties will agree the arrangements during the process.

Child Arrangement Orders have replaced Contact Orders and Residence Orders, however the old orders are still legally binding. Terminology such as custody, access, contact and residence is all now replaced and incorporated within ‘child arrangements’.

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Child arrangements orders FAQs

Do I need to go to court for a child arrangements order?

Yes, a child arrangements order is a court order and to obtain one will usually require an attendance at court. If the order is requested by consent, there is still the potential to have to attend court, as the court has a responsibility to the child in question to be satisfied all arrangements are appropriate.

It is important to remember that you do not necessarily require a child arrangements order. If you can agree terms amicably between you and your co-parent then in many cases a court order is not needed. You could instead consider putting a private agreement in place between you, often referred to as a parenting plan.

Even in circumstances where you cannot agree between yourselves or you believe that may be challenging, you may be able to reach an agreement through out of court processes such as mediation. Mediation involves an impartial third party, known as a mediator, guiding you and your co-parent to discuss the issues and help you find resolutions.

In most cases, the court will expect that you have at least considered or tried mediation before hearing your case.

Our specialist child law solicitors are experienced in child arrangements and can provide expert advice, support, and representation. We can guide you on whether a child arrangements order would be appropriate in your circumstances and help you obtain the right order if it is.

How does the court decide child arrangements?

The court's main priority in all child arrangement decisions is the safety and wellbeing of your child. The Children and Families Act 2014 provides a presumption that the involvement of both parents in a child’s life will promote the child’s welfare. Therefore, the court often views children having regular contact with both parents as being beneficial for their wellbeing, as well as extended family such as grandparents.

The court can and will go against this presumption if such involvement would prove harmful to the child. It is also important to consider that there is no presumption that the involvement in the child’s life will be equal. The court will always consider what is best for the child in each case.

When determining the arrangements in the child arrangement order, the court must take into consideration all the factors listed in the welfare checklist in Section 1 of the Children Act. These factors include:

  • The child’s ascertainable wishes and feelings (considered in light of their age and understanding).
  • The child’s physical, emotional and educational needs.
  • The likely effects on the child of any change to their care arrangements or wider circumstances.
  • The child’s age, sex, background and any other characteristic which is considered relevant.
  • Any harm or risk of harm to the child.
  • The parent’s ability to meet the child’s needs.

Balancing these factors can prove a complicated assessment and one where early legal advice is often valuable.

Once decided, the child arrangements order is legally binding and enforceable. If circumstances change, you can apply to the court to change the terms in the child arrangements order. ​​​​​

How do I enforce a child arrangements order?

Sadly, even where court orders have been made, or a legally binding agreement made, there can be circumstances where one party is simply unwilling to adhere to their obligations.

If your ex-partner has failed to follow the child arrangements order, you can make an application for enforcement. This will need to be considered carefully as costs may be awarded on enforcement applications and often such an application is met with an application to vary the original order.

We understand how frustrating and stressful this can be, particularly where you may have already had to endure a laborious process to obtain the original agreement. Our child law solicitors are on hand to guide you on what can be done, and help you take decisive, cost-efficient and effective action.

How much does it cost for a child arrangements order?

The cost for a child arrangement order depends on the complexity of the case. The court fee to apply for the order is £263. The cost of legal advice depends on the issues involved, whether agreements can be reached and which process is used to try to resolve matters.

Our child law solicitors can give you a clear outline of the potential costs for your circumstances. Request a free exploratory call using our online form or call 01189 597 711.

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Why use our child arrangement order solicitors?

  • We pride ourselves on our outstanding level of service, and our entire family law team dedicate their time to understanding what the client needs and ensure they work effectively as a team to achieve those goals.

  • We work with sensitivity and discretion when handling matters concerning children, understanding the importance of getting things right. We have the experience to help resolve children disputes outside of court wherever possible. We also have success when representing our clients in court, for those cases where it is the last or only option.

  • We recognise that the law is just one part of the equation when it comes to protecting the welfare of you and your children. We can also draw on our experience to help you find a wealth of other useful resources and put you in touch with other professionals; to help guide you and your family as you adapt to your changing circumstances, both today and in the future.

  • Boyes Turner is ranked as a leading law firm by the legal directories, Chambers UK, and The Legal 500 and has been for many years. When our clients require other specialist guidance, we have other highly rated private client, claims, Wills, Trusts and property solicitors too.

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