Child Arrangement Orders

When parents separate, decisions about children are often the most emotionally charged and important matters to resolve. At MCR Solicitors, we understand that your children mean everything to you. Our experienced family law solicitors help parents in Manchester and across the UK reach arrangements that put children's welfare first while protecting your relationship with them.

The law recognises that children generally benefit from having meaningful relationships with both parents. We help you navigate this difficult time, whether through amicable negotiation, mediation, or court proceedings when necessary. Our goal is to help you create arrangements that work for your family and give your children the stability they need.

What is a Child Arrangements Order?

A Child Arrangements Order is a court order that sets out the arrangements for a child following separation or divorce. These orders replaced the old residence and contact orders in 2014, reflecting a more child-focused approach to family law.

Child Arrangements Orders can determine:

• Who the child lives with - This can be one parent, both parents on a shared basis, or another person such as a grandparent
• When the child spends time with each parent - The schedule for contact, including regular time, holidays, and special occasions
• When and what type of contact takes place - This can include overnight stays, daytime visits, telephone calls, video calls, or letters

Orders can be very specific about times and arrangements, or more flexible depending on what the family needs. The court will make whatever order best serves the child's welfare.

Types of Orders Available

There are several types of orders the court can make under the Children Act 1989:

Child Arrangements Order (Live With)

This determines where the child will live. Options include:

• Primary residence with one parent - The child lives mainly with one parent and has contact with the other
• Shared care - The child spends significant time living with both parents, for example week on/week off or a 60/40 split
• Living with another person - In some cases, children may live with grandparents or other family members

Child Arrangements Order (Spend Time With)

This sets out when the child will spend time with the parent they do not live with. Arrangements can include:

• Regular contact such as every weekend or alternate weekends
• Midweek overnight stays or after-school contact
• Holiday arrangements including half-terms and summer holidays
• Special occasions such as birthdays, Christmas, and religious festivals
• Indirect contact such as phone calls, video calls, and letters

Specific Issue Orders

A Specific Issue Order resolves a particular dispute about the child's upbringing when parents cannot agree. Common issues include:

• Which school the child should attend
• Whether the child should have a particular medical treatment or vaccination
• Religious upbringing or participation in religious activities
• Whether the child can travel abroad for a holiday
• Changing the child's surname

Prohibited Steps Orders

A Prohibited Steps Order prevents a parent from taking certain actions without the court's permission. This might include:

• Taking the child out of the country
• Removing the child from school
• Changing the child's name
• Moving to a different area that would affect contact
• Specific decisions about the child's upbringing

The Welfare Checklist

When making any decision about a child, the court must consider the child's welfare as its paramount concern. To help with this, judges apply the welfare checklist set out in the Children Act 1989:

• The wishes and feelings of the child - Considered in light of the child's age and understanding. Older children's views carry more weight
• Physical, emotional, and educational needs - What the child needs to thrive and develop
• The likely effect of any change - Courts generally prefer to maintain stability unless change is necessary
• Age, sex, background, and relevant characteristics - Including cultural, religious, and linguistic background
• Any harm suffered or at risk of suffering - Including domestic abuse, neglect, or other safeguarding concerns
• Capability of parents and others - The ability of each parent to meet the child's needs
• Range of powers available - The court will consider all options open to it

Understanding the welfare checklist helps you present your case effectively, focusing on what is best for your child rather than criticising the other parent.

Mediation First - The MIAM Requirement

Before you can apply to court for a Child Arrangements Order, you must usually attend a Mediation Information and Assessment Meeting (MIAM). This is a legal requirement introduced to encourage parents to resolve disputes without going to court.

What Happens at a MIAM?

A MIAM is a meeting with a qualified family mediator who will:

• Explain how mediation works
• Assess whether mediation is suitable for your case
• Discuss other options such as solicitor negotiation or collaborative law
• Provide information about the court process if mediation is not suitable

Exemptions from MIAM

You may be exempt from attending a MIAM if:

• There has been domestic abuse
• There are child protection concerns
• The matter is urgent
• The other party is in prison or subject to bail conditions
• You cannot find a mediator within 15 miles
• The other party has not responded to contact about mediation

We can advise you on whether you qualify for an exemption and provide the necessary evidence.

Benefits of Mediation

While mediation is not appropriate in every case, particularly where there has been abuse or a significant power imbalance, it offers several advantages:

• Faster than court proceedings
• Less expensive than litigation
• Allows both parents to have input into decisions
• Creates agreements that parents have bought into and are more likely to follow
• Less confrontational and better for ongoing co-parenting relationships

The Court Process

If agreement cannot be reached through negotiation or mediation, court proceedings may be necessary. Here is what to expect:

Application

Proceedings begin with a C100 application to the Family Court. The application fee is currently ¶œ255. You will need to explain what orders you are seeking and why.

Safeguarding Checks

The court will request safeguarding information from Cafcass (Children and Family Court Advisory and Support Service), including police checks on both parties. This helps identify any concerns about child protection or domestic abuse.

First Hearing Dispute Resolution Appointment (FHDRA)

This is the first court hearing, usually held 4-8 weeks after the application. A Cafcass officer will speak to both parents beforehand and may speak to the child. At the hearing, the judge will try to help parents reach agreement and identify the issues if they cannot.

Further Hearings

If no agreement is reached, the court may order:

• A Section 7 report - A detailed Cafcass investigation into what arrangements would be best for the child
• Further hearings to review progress
• A fact-finding hearing if there are disputed allegations of abuse
• A final hearing where a judge will make a decision

Timescales

Simple cases may be resolved at the first hearing. More complex cases can take 6-12 months or longer, particularly if there are serious allegations requiring investigation.

Enforcement of Child Arrangements Orders

If a Child Arrangements Order is not being followed, you can apply to the court for enforcement. Options include:

• Enforcement Order - Requiring the parent in breach to carry out unpaid work
• Compensation - Financial compensation for losses caused by the breach, such as lost holiday costs
• Variation of the order - Changing the order to prevent future breaches
• Committal for contempt - In serious cases, imprisonment for deliberate and persistent breach

Courts take enforcement seriously but will always consider the impact on the child. We can advise you on the best approach if your arrangements are not being respected.

Frequently Asked Questions About Child Arrangements

Do fathers have the same rights as mothers?

Yes. The law does not favour one parent over the other based on gender. The court's only concern is the child's welfare. Fathers who have parental responsibility have the same legal rights as mothers to apply for and be granted Child Arrangements Orders.

At what age can a child decide where to live?

There is no specific age at which a child can decide. The court will consider a child's wishes and feelings, giving them more weight as the child gets older and more mature. However, even older children's wishes are just one factor in the welfare checklist, not determinative.

What if I am worried about my child's safety with the other parent?

If you have genuine concerns about your child's safety, raise them with the court immediately. The court can order supervised contact, indirect contact only, or in extreme cases, no contact. You should also contact children's services if you believe a child is at risk of harm.

Can grandparents get contact with grandchildren?

Yes, grandparents can apply for Child Arrangements Orders, though they need the court's permission to make an application (unless the child has lived with them for a certain period). Courts recognise the valuable role grandparents play in children's lives.

What is parental responsibility?

Parental responsibility is the legal rights, duties, and responsibilities a parent has for their child. Mothers automatically have parental responsibility. Fathers have it automatically if married to the mother or named on the birth certificate (for births after December 2003). Others can acquire it through agreement or court order.

Can I move away with my child?

If there is a Child Arrangements Order in place, you cannot move abroad without the other parent's consent or court permission. Moving within the UK may also be restricted if it would significantly affect the other parent's contact. Always seek legal advice before relocating.

How much does it cost to go to court for child arrangements?

The court application fee is ¶œ255. Solicitor's fees vary depending on complexity and whether the case settles or goes to a final hearing. Legal aid may be available if you have experienced domestic abuse or have very limited means.

What if the other parent is not allowing contact?

If contact is being unreasonably denied, document what is happening and seek legal advice. You may need to apply to court for a Child Arrangements Order. Courts take contact disputes seriously and can order that contact takes place.

Contact Our Child Arrangements Solicitors

Whatever your situation, our experienced family law team can help you find the best way forward for you and your children. We offer a compassionate, child-focused approach combined with robust representation when needed.

Call us today: 0161 466 1280

Visit us: First Floor, 1024 Stockport Road, Manchester M19 3WX

We understand how stressful disputes about children can be. Let our experienced solicitors guide you through this difficult time, helping you achieve arrangements that protect your children's welfare and your relationship with them.