After separation or divorce, most divorced or separated families must arrange for their children, and these agreements are typically easiest to make when both parents maintain good co-parenting relationships and prioritize the child’s interests.
However, some families need help and support in reaching an agreement. This guide covers child arrangements orders (formerly known as residence and contact orders) as well as possible options available to those unable to reach agreement between themselves.
What is a child arrangement order?
English law no longer recognises child custody as such and now refers to “residence and contact arrangements”. Furthermore, courts can issue specific orders, such as prohibited steps orders (to prevent someone from taking your children abroad).
The court can issue orders that determine where and with whom a child resides and spends time, as well as consider other aspects. These may include considering the wishes and feelings of the child (though they do not have legal entitlement to this), the health and safety of both their physical needs and the emotional requirements of care providers for them; all of these will play an integral part in court decisions about children, and often courts will even request reports be completed by the Children and Family Court Advisory and Support Service on their behalf to ensure optimal welfare outcomes for everyone involved.
Parents, non-biological stepparents, and any person with parental responsibility for a child can apply for a child arrangement order, provided that the court has not already awarded one. Grandparents or other family members can also seek this relief if granted permission by the judge to do so.
Court orders typically specify who a child resides with and when they can visit with both parents, lasting until their 18th birthday unless stated otherwise by either of them.
Note that an order does not preclude either party from making further applications if there are issues that need to be considered, whether that be applying to change the existing order or requesting that the court make a completely new order altogether.
If parties cannot reach an agreement, cannot come to one on their own, or cannot reach an accord at mediation sessions, the court may order them to attend mediation to help find ways of settling their differences without going back into court proceedings. This may also save time and expense in trying to establish how best to handle their differences in litigation proceedings.
Courts do not monitor arrangements between parties and often do not enforce them if there is conflict between them. However, if there are concerns that an order issued has been violated in any way or its terms have been violated, then enforcement proceedings or an application for financial compensation will be initiated against those violators by way of enforcement proceedings or an application for financial compensation by way of enforcement procedures or an application to court will take place to address them.
How do I apply for a child arrangement order?
If you and the other parent can’t agree on who should live with or visit your child, or how frequently, a ‘child arrangements order’ can help resolve matters in court. Commonly referred to as contact and residence orders, some refer to these orders as joint custody arrangements, sole custody arrangements, or shared parenting orders.
Before heading to court, it’s best to attempt to resolve the matter amicably with the other parent first. Remember to put the child’s best interests at the forefront when making any decisions. Though this may be difficult at times due to emotions running high, it’s essential that any dispute be addressed as soon as possible in order to have positive long-term effects for all parties involved.
Prior to filing any application with the court, it is mandatory that you attend a Mediation Information and Assessment Meeting (MIAM). Our family law team can arrange mediation on your behalf or help make an application directly with the courts if this option isn’t possible.
A judge will review your application with assistance from a CAFCASS officer; this specialised social worker provides advice to courts in family cases and acts as an advisor on CAFCASS cases. When making their determination, a judge will take into consideration a number of factors, including the age, sex, and background of the children involved, as well as current arrangements between you and your partner and any harm that might result if no order from the court is issued.
Court orders typically outline how children should divide their time with each parent, outlined by type and frequency of contact, whether indirect (via another person) or direct. Furthermore, courts will take into consideration issues like religious education and travel abroad that might be relevant. If an existing child arrangements order is being violated, it might be worthwhile to apply to court for enforcement proceedings to seek compliance with it.
What happens if I don’t agree with the other parent’s application?
If you and the other parent reach an agreement on child contact and living arrangements for your children, a judge can approve this agreement. If either parent wishes to alter these arrangements, they must return to court to request a variation to the order and have this reviewed by a judge; any changes must also be considered in their child’s best interests by a judge before being implemented if determined to be breaching it without reasonable excuse, resulting in enforcement action being taken, which may include fines or even custodial sentences against them by judges.
If you suspect your former partner of consistently breaching an existing contact or prohibited steps order, our specialist family law team can help assess the situation and submit an enforcement application if necessary.
What happens if I disagree with the other parent’s application?
Parents often find it ideal when they can reach an agreement about child arrangements among themselves. Unfortunately, however, this isn’t always possible, and if a disagreement ensues, they may need to go to court, which can be costly and stressful for all parties involved. The Family Court offers mediation as a first step for reaching agreements without court involvement—sit down with an independent mediator together and try working out an arrangement for how children will be cared for going forward; parents can apply for vouchers that cover some costs associated with mediation sessions if necessary.
Keep in mind that a judge will make his or her decision about your child’s future based on what is in his or her best interests. They may take into consideration things such as where the child will reside, whether spending time with both parents is easy and whether there are any safety concerns, such as past domestic violence issues in the family. A judge also takes into account any evidence presented before them, including from social workers, doctors, or cultural advisors.
If a judge determines that changes are necessary in regards to childcare arrangements, they will make an order legally enforcing such changes. If either parent fails to follow this order as stipulated by it, either one may file an enforcement application before court and seek enforcement actions such as making unpaid work assignments or even being cut off from contact with their children.
If you’re having difficulty reaching an agreement about child arrangements, speaking to a child custody lawyer specialising in family law may be of help. Relate and your local Citizens Advice Centre also provide helpful parenting information and advice, while Coram Children’s Legal Centre has a helpful contact factsheet available online. In certain instances, organisations that can assist parents who are having difficulty with visitation arrangements, such as child contact centres or professional escorts, may provide an extra helping hand when visiting children’s schools and are being considered escort services for children’s visits.