Child Arrangement Order
Following separation or divorce, parents are sometimes unable to reach an agreement regarding arrangements for their child.
Child Arrangement Order
Following separation or divorce, parents are sometimes unable to reach an agreement
regarding arrangements for their child. In such situations, either parent may apply to the family
court for a Child Arrangements Order to formally resolve the matter.
A Child Arrangements Order is a legally binding court order that outlines how a child’s care will
be managed. It is commonly used where parents cannot mutually agree on living arrangements
or contact schedules for their child or children.
A Child Arrangements Order determines:
- where the child will live
- how and when the child will spend time with each parent
- the nature and frequency of other forms of contact, such as phone or video calls
Why is Child Arrangement Order is necessary
When parents separate or divorce, disputes may arise over child custody and care, particularly where the relationship has broken down on difficult terms. If parents are unable to resolve these issues privately or through mediation, a Child Arrangements Order provides a clear and enforceable framework focused on the child’s best interests. The order can specify who the child lives with, when they spend time with the other parent, and any additional conditions relating to the child’s welfare, stability, and routine.
Who Can Apply For A Child Arrangements Order?
- Under Section 8 of the Children Act, certain individuals can apply for a Child Arrangements
Order without first seeking the court’s permission, including: - a parent, guardian, or special guardian of the child
- anyone with parental responsibility
- a person named in an existing residence order
- a party to a marriage or civil partnership where the child is treated as a child of the family
- a person with whom the child has lived for a minimum of three years
- anyone who has obtained consent from:
○ the local authority, where the child is in their care; or
○ all individuals who hold parental responsibility for the child
Individuals who do not fall into these categories must first apply for the court’s permission. This
is the route commonly taken by extended family members, such as grandparents, who wish to
apply for arrangements involving their grandchildren.
When deciding whether to grant permission, the court will consider factors including:
the purpose and nature of the application
- the applicant’s relationship with the child
- whether the application may disrupt the child’s life in a way that could cause harm
Who Can Apply for a Child Arrangements Order?
Under Section 8 of the Children Act, certain individuals can apply for a Child Arrangements
Order without first seeking the court’s permission, including:
- a parent, guardian, or special guardian of the child