Child Arrangements Orders
A child arrangements order is a court order that sets out where a child lives, spends time or has contact with when parents separate. National Legal Service Solicitors can advise on the options available, help prepare an application and represent you if court proceedings are needed, including where domestic abuse or safeguarding concerns are involved.
Call 020 4654 8174 or complete our contact form to request a confidential callback. If there is immediate danger or a child is at immediate risk of harm, call 999.
What is a child arrangement order?
When parents separate, it can be difficult to agree where a child should live and how they will spend time with each parent. A child arrangements order, made under section 8 of the Children Act 1989, can set out these arrangements when parents cannot reach an agreement.
The order can cover where a child lives, when they spend time with each parent, school holidays, handovers and communication such as phone or video calls. It provides a clear legal framework for the child’s arrangements where an agreement cannot be reached.
Though the term”child custody” is still heard, the relevant legal term in England and Wales, is generally a child arrangements order. When deciding whether to make an order, the court’s focus is the child’s welfare, not which parent is more entitled to spend time with the child.
Child arrangements alongside divorce and care proceedings
Child arrangements are often considered alongside other family law issues. Parents may need advice about arrangements for children during divorce, after separation, following domestic abuse or where children’s services are involved.
NLS can advise on child arrangements alongside related legal issues, including support from divorce solicitors where separation or divorce is also being considered. Where children’s services are involved or care proceedings may be considered, NLS child care solicitors can help you understand the process and the possible next steps.
This joined-up approach is often important where divorce and child arrangements need to be considered together, where domestic abuse impacts safe arrangements, or where children’s services are involved in assessing the family or care proceedings are ongoing or being considered.
How do you apply for a child arrangements order?
An application for a child arrangements order is usually made to the Family Court using Form C100. The same form can be used to apply for a prohibited steps order, a specific issue order or to change or end an existing section 8 order.
Before applying, you will usually need to attend a Mediation Information and Assessment Meeting, known as a MIAM. This is a meeting with an authorised mediator to consider whether mediation or another route may be suitable. There are exemptions, including where there is evidence of domestic abuse, child protection concerns or urgency.
The process usually involves:
- Completing Form C100 and providing the relevant supporting information.
- Explaining the arrangements you are asking the court to make.
- Providing details of any welfare or safeguarding concerns.
- The court arranging initial safeguarding checks.
- Attending hearings if agreement cannot be reached or the court needs further information.
National Legal Service Solicitors can help you prepare a clear application, explain the information the court is likely to consider and represent you if court proceedings have started. For more detail about completing the form, read our guide to applying for a child arrangements order using Form C100.
What does the court consider?
When the court makes a decision about a child’s upbringing, the child’s welfare is its paramount consideration. The court must consider the welfare checklist in the Children Act 1989, alongside the facts and evidence in the individual case.
In plain English, this means the court will consider:
- The child’s wishes and feelings, taking account 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 relevant characteristics
- Any harm they have suffered or are at risk of suffering
- How capable each parent, and any other relevant person, is of meeting the child’s needs
- The range of powers available to the court
The welfare checklist doesn’t produce a fixed answer or determine automatically what arrangements should be made. The court considers the individual circumstances of the case and the evidence before it when deciding what arrangements will best promote the child’s welfare.
A solicitor can help you understand how the welfare checklist may apply to your circumstances and how to present relevant information and evidence clearly.
Changing or varying a child arrangements order
A child arrangements order can be changed if circumstances have altered or the existing arrangements no longer meet the child’s needs. This is often called varying an order.
There is no fixed list of reasons for changing an order. The court will consider the child’s welfare, the key reasons to vary a child arrangements order and why a different arrangement is now being requested. This may include a change in a child’s needs, a proposed move, practical difficulties with the current arrangements or new concerns about welfare or safety.
Child arrangements when domestic abuse is involved
Domestic abuse can be relevant to every stage of a child arrangements case and it’s important that concerns about abuse, coercive control, harassment, threats or harmful behaviour are raised clearly and safely.
Where domestic abuse is admitted or proven, the court must ensure that any child arrangements order protects the safety and wellbeing of the child and the parent the child lives with. The court must be satisfied that any contact ordered doesn’t expose either person to a risk of harm and is in the child’s best interests.
This does not mean that a particular arrangement will always follow. The court will consider the evidence, any safeguarding information and the welfare checklist before making a decision.
If you are concerned about your safety, do not contact the other person or gather information in a way that could increase the risk to you or your child. For a detailed breakdown of how the family courts handle these difficult situations, you can read our comprehensive guide to child arrangements orders when domestic abuse is involved.
What happens if a child arrangements order is breached?
A breach happens when a person does not follow the terms of a child arrangements order. This might include not making a child available at the agreed time, refusing ordered arrangements, changing handover arrangements without agreement or repeatedly failing to follow the order.
Before applying to enforce an order, it’s important to look carefully at the wording of the order and what has actually happened. Some arrangements are very specific, while others leave room for practical agreement between parents. A solicitor can help you understand whether there has been a breach and what evidence may be useful.
If a child arrangements order has been breached, the next steps may include:
- Keeping a clear record of missed or changed arrangements
- Checking the exact wording of the order
- Considering whether there is a safeguarding reason for the change
- Seeking legal advice before stopping arrangements yourself
- Writing to the other person where safe and appropriate
- Applying to the court to enforce the order where needed
Applications to enforce a child arrangements order are usually made using Form C79. This form is the application used to apply to the court to enforce a child arrangements order.
The court will consider the circumstances rather than simply treating every missed arrangement in the same way. If there is a reasonable explanation, safeguarding concern or change in the child’s needs, the court may need to consider whether enforcement, variation or another step is appropriate.
What is CAFCASS and what do they do?
CAFCASS stands for the Children and Family Court Advisory and Support Service. In England, Cafcass advises the family courts about the welfare of children and what it considers to be in the best interests of each child.
Cafcass may become involved in contested child arrangements cases and their role includes safeguarding checks, speaking with the adults involved, helping the court understand the child’s welfare needs and preparing a report where the court asks for one.
How National Legal Service can help
Disagreements about child arrangements can be stressful, particularly where communication has broken down or there are concerns about domestic abuse. Our solicitors provide clear advice about the process and the legal steps that may be available.
Learn more about how our family solicitors can help you with child arrangement agreements by calling us on 020 4654 8174 or complete our contact form to request a confidential callback.
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Child Arrangements Order FAQs
- What is the difference between a child arrangements order and child custody?
‘Child custody’ is a common term, but it is not the legal term used in England and Wales. A child arrangements order can decide where a child lives and who they spend time with or otherwise have contact with.
The court’s focus is the child’s welfare. It will consider the circumstances of the individual child and family before making an order.
- Can a father apply for a child arrangements order?
Yes. A father can apply if he has parental responsibility. A father without parental responsibility may need the court’s permission depending on the circumstances.
The same principles apply to mothers, fathers and others with a significant role in the child’s life. The court will focus on the child’s welfare rather than the label given to a parent’s role.
- Do I have to attend mediation before applying?
You will usually need to attend a MIAM before applying to the Family Court. There are exemptions where mediation is not suitable, including some cases involving domestic abuse, child protection concerns or urgency.
A solicitor can explain whether an exemption may apply and help you understand the right next step.
- Can a child arrangements order be changed?
Yes. An order can be varied if circumstances have changed or the arrangements no longer support the child’s welfare. The court will consider the reasons for the requested change and the welfare checklist.
An application to vary is normally made using Form C100. Read more about changing a child arrangements order.
- Can I get legal aid for a child arrangements order?
Legal aid may be available where you have prescribed evidence of domestic abuse or child protection concerns and meet the relevant financial and merits tests. A solicitor can assess whether your case may qualify and explain what evidence may be needed.