Child Arrangements Orders: What you should know

With separation comes a mix of emotions and the need to discuss the arrangements for any children of the family.

Sometimes, separated parents are able to agree the arrangements for the children between themselves or via alternative dispute resolution such as Mediation, however where there is a lot of acrimony, the ability for those parents to communicate effectively can be hindered.

This is particularly common in cases where there may be alleged domestic abuse or coercive control which could result in either parent having welfare or safeguarding concerns for their child or children. Such concerns often need further analysis in order to manage any perceived risk of harm.

What is a Child Arrangements Order?

A child arrangements order is a legally binding Court Order which sets out with whom a child or children shall live and how/when a child or children should spend time with the non-resident parent.

Who can apply for a Child Arrangements Order?

Only a parent with Parental Responsibility may apply for a Child Arrangements Order without seeking the permission of the Court in the first instance.

What does the Court look at?

A child’s welfare is the Court’s paramount concern when considering what arrangements are in their best interests.

When determining what Order shall be made, the Court will consider the Welfare Checklist pursuant to Section 8 of the Children Act 1989. The Welfare Checklist outlines the following which the Court must have regard to:

• the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);
• their physical, emotional and educational needs;
• the likely effect on them of any change in their circumstances;
• their age, sex, background and any characteristics which the court considers relevant;
• any harm which they have 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 their needs;
• the range of powers available to the court under this Act in the proceedings in question

How long does the process take?

It would depend entirely on the complexity of the matter and whether any issues presented at a first hearing can be narrowed down.

It would also depend on judicial availability and Court timetabling. It is important to note that in cases where there are allegations of harm, CAFCASS or other authorities such as the Local Authority may need to prepare further evidence for the Court i.e. a more in-depth report of the children’s needs and recommendations to the Court which is known as a Section 7 or Section 37 report – if this is the case, proceedings may take longer until a resolution is sought once all available and necessary evidence has been received.

If you are experiencing difficulties agreeing the arrangements for your children following a separation, one of our family lawyers here at Cullimore Dutton can help navigate this process for you.

For a FREE initial consultation with our expert Family Lawyers, simply call 01244 356 789 or email info@cullimoredutton.co.uk.