Child Arrangements Orders Explained

A child arrangement order is a UK court order that determines where a child lives, who they are able to have contact with and how much time is shared between parents or guardians. It replaces terms like “residence orders” and “contact orders” by encapsulating the principle into a single and specific order and is governed by Section 8 of the Children Act 1989. Each order is tailored to the circumstances and has the child’s best interests in heart in relation to their mental and physical wellbeing and development rather than following a fixed formula.

Types of child arrangement orders

There are two types of child arrangements orders which are live with orders and spend time with orders. The live with order specifies where and with who the child will live. A joint live with order allows the child to live with both parents which promotes co-parenting; however, this does not necessarily mean that the child lives with each parent for an equal amount of time. Spend time with orders then determine the circumstances under which a child spends time with the non-resident parent or other family members. This can either be direct contact which allows the child and the adult to meet face to face or indirect contact which would be letters or phone calls if direct contact is deemed unsafe or impractical.

Need for child arrangement orders

Often, child arrangement orders are obtained if the child’s welfare is at risks as this is the primary concern of the court. This results in the child protection order having the child’s best interests at the forefront. In cases where the protection of the child is at risk, the court aims to provide a solution that protects the child’s welfare, regardless of the preferences of their parents. Secondarily to this, a child arrangement order may be sought if there is a disagreement between the child’s parents concerning the living arrangements and contact arrangements of the child. If the parents are unable to reach an agreement on this, the court is able to provide some clarity and ensure that the arrangements are legally binding. This way, the risk of one of the parents or guardians involved going against this agreement is massively reduced.

Applying for child arrangement orders

In cases where parents are unable to agree on arrangements regarding this child, the parent, guardian or anyone with parental level responsibility over a child are able to apply to the court. In some cases, a grandparent or other relatives may be able to apply as well however this usually requires permission from the court in advance. Before applying is possible, parties are generally made to attempt to reach an agreement without the need of a court hearing with some cases being exempt from this such as cases where domestic abuse is involved. If the parties are not able to reach an agreement, a form can be submitted so that the case can be decided by a court hearing.

Varying or breaching an order

Child arrangement orders can be altered if thee circumstances of the child’s family has changed or the court deems it right that the child should be able to evolve. The applicant must present an airtight proof in order to demonstrate that the changes are in the child’s best interests. If the parties agree to depart from the order, it is not considered to be legally binding unless officially varied by the court.

Breaching a child arrangement order can lead to severe legal consequences which can include fines, imprisonment and modifications to the existing order. Breach of this order is considered contempt of court as it is going against a court issued order and, in these cases, the other parent can apply to the court to modify the existing order to better protect the child and to reduce the risk of another breach of the order. In some circumstances however, such as emergencies or unforeseen events, a breach may be considered reasonable, and the court may decide that the breaching party had a valid reason for going against the court issued order.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.