Child Law
Child Arrangement Orders
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What is a Child Arrangement Order?
A Child Arrangement Order, also known as a Child Residence or Access Order, is an order that regulates with whom a child is to live, spend time or otherwise have contact/access with a person.
If you are going through a divorce or separation involving a child, you will usually require this type of agreement to be put in place to determine the living arrangements of your offspring.
A Child Arrangement Order will legally establish who your children will live with, the periods of time they will spend with either parent, and the frequency of these periods.
Contact our legal team today. We can help you apply for a Child Arrangement Order.
Who can apply for a Child Arrangement Order?
Anyone with parental responsibility can apply for a Child Arrangement Order. This can include:
- Either parent, guardian or special guardian.
- A stepparent or another person who has parental responsibility for the child by way of a parental responsibility order or by agreement.
- Anyone who has a ‘live with’ Child Arrangement Order in their favour already.
- Any person who has parental responsibility by being named in a Child Arrangement Order for the child to have contact or spend time with them.
- A person who has the consent of everyone who has parental responsibility for the child, or everyone who has a ‘live with’ order in their favour.
- Any person in a marriage or civil partnership where the child is a child of the family.
- If the child is in local authority care, a person who has the authority’s consent.
- A foster parent or other relative, if the child has lived with them for one year immediately before the application is made.
- Anyone who the child has lived with for at least 3 years.
If you fall outside of the above, you will require the permission of the court to apply. This includes extended family members such as grandparents, uncles and aunts.
How long is a Child Arrangement Order valid for?
A Child Arrangement Order will continue until the child is 16, or until 18 in exceptional circumstances.
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Frequently Asked Questions about Child Arrangement Orders
What can I do if I’m having issues in relation to child arrangements?
What you can do will vary depending upon each individual situation.
Arrangements can be agreed between parties themselves, or with the assistance of solicitors of other third parties such as mediators.
Where arrangements for a child cannot be agreed or previously agreed arrangements have been breached, an order of the court may be best course of action. A Child Arrangement Order makes arrangements clear and legally binding going forwards and gives you the clarity and security that these arrangements will be adhered to.
Book your free 15 min consultation with our legal team to find out how we can help.
What is parental responsibility?
Parental responsibility is essentially all of the rights, duties, powers and responsibilities which by law the parent of a child has in relation to the child and their property.
A mother automatically has parental responsibility for her child from birth.
A father has parental responsibility if he’s either:
- Married to the child’s mother; or
- Listed on the birth certificate.
A parent can also make an application to the court for parental responsibility if they do not automatically have it.
What is the application process for a Child Arrangement Order?
Before applying for a Child Arrangement Order, you must attend a Mediation Information and Assessment Meeting (“MIAM”) and invite your former partner to also attend, unless an exemption applies.
At a MIAM, a mediator discusses the dispute with each party and assesses whether other forms of dispute resolution that occur outside of the court processes can assist in resolving the dispute.
If the other party refuses to attend the MIAM, an exemption applies, or a mediator considers that none of the other methods of dispute resolution are suitable or appropriate, an application can be made to the court.
How much is the court fee to apply for a Child Arrangement Order?
The court fee for making the application is £232.
What types of Child Arrangement Order’s can the court make?
The court may regulate a child’s living arrangements by making any of the following orders:
- Naming one person with whom a child is to live;
- Naming two people who live in the same household together as persons with whom the child is to live (these are usually made in favour of stepparents); or
- Naming two persons who live in different households as persons with whom the child is to live; these arrangements do not have to be equal.
What types of Child Arrangement Order’s can the court make?
The court may regulate a child’s living arrangements by making any of the following orders:
- Naming one person with whom a child is to live;
- Naming two people who live in the same household together as persons with whom the child is to live (these are usually made in favour of stepparents); or
- Naming two persons who live in different households as persons with whom the child is to live; these arrangements do not have to be equal.
What is the approach of the Court in respect of a Child Arrangement Order?
When considering whether to make an Order, the court will not do so unless satisfied that doing so would be better for the child than making no order at all.
The court will consider all of the circumstances of the matter when making a Child Arrangement Order, with the court’s primary consideration being the welfare of the children.
Questions about our Family Law Services
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We charge a fixed fee for our service. That means you know exactly what you’re going to pay before starting the process, regardless of how long it lasts. Furthermore, we are a firm of regulated solicitors (regulated by the Solicitors Regulation Authority) meaning there are more protections for you as our client.
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Your dedicated caseworker will do all the legal legwork for the full duration of your case. We will keep you informed of any changes and advise you on the next steps to ensure there are no surprises.
Why do you offer a fixed fee service?
We offer a fixed-fee service to safeguard you from the mounting hourly fees that a traditional legal firm may surprise you with. We also believe it promotes a transparent relationship between our team and you, the client.
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