Child Arrangements Orders: What You Need to Know
When parents separate, one of the most pressing concerns is how the children will be cared for. In some cases, parents can amicably agree on a schedule that works for everyone. However, when they cannot, a child arrangements order may become necessary. Below, we explain what a child arrangements order is, why it matters, and how you can seek or vary one.
What Is a Child Arrangements Order?
A child arrangements order is a court order determining who is responsible for a child’s care. This typically covers:
- Where the child will live
- How often and under what conditions they will see or have contact with the other parent
Fundamentally, child arrangements orders are aimed at promoting the child’s wellbeing. By issuing a binding schedule for who cares for the child (and when), the order ensures that both parents follow an arrangement that prioritises the child’s best interests.
Before You Apply for a Child Arrangements Order
1. Attempt to Reach an Agreement
It is always advisable to try and agree on practical living and contact arrangements with the other parent before going to court. You might:
- Draft a Parenting Plan: A written agreement outlining how decisions about schooling, holidays, and day-to-day issues will be shared. Both parents sign it to reflect a mutual commitment.
- Use Mediation: A professional mediator helps the parents discuss and resolve their differences in a structured, non-confrontational setting. Mediation can be far quicker and less costly than court proceedings.
2. Court Application
If agreement is not possible, you may need to apply to the court for a child arrangements order. The court will then assess what living and contact schedule is in the child’s best interests and issue a legally binding order to that effect.
Can I Stop or Vary a Child Arrangements Order?
Varying an Existing Order
Over time, circumstances may evolve—children grow older, parents relocate, or work schedules shift. If the current order no longer serves the child’s needs, you can:
- Negotiate Changes: Ideally, try to renegotiate with your ex-partner, perhaps with support from solicitors or a mediator.
- Apply to the Court: If no agreement is reached, you will need to complete a C100 application form explaining why a change is needed. The court will only alter the existing order if it is in the child’s best interests.
Ending an Order
A child arrangements order usually continues until the child turns 16 (or sometimes 18 in specific cases). It can also end earlier if the court deems it appropriate, typically once it becomes obsolete or unworkable for the child.
How a Lawyer Can Help
1. Professional Guidance
A specialist children’s solicitor understands the complexities of child law. They can:
- Advise on the legal standards and outcomes courts tend to favour
- Support you in negotiations or mediation with the other parent
- Draft any necessary documents or court applications
2. Reducing Stress and Costs
Child law disputes can be emotional and costly if handled in court. A lawyer’s experience can help:
- Streamline the process and avoid unnecessary delays
- Promote amicable solutions wherever possible
- Advocate for you if court proceedings become unavoidable
Next Steps
- Explore Mediation: Attempt to resolve child arrangements amicably before going to court.
- Seek Legal Advice: Consult a family lawyer to understand potential outcomes and ensure the child’s welfare remains central.
- Prepare Your Application: If court is unavoidable, gather all relevant information (e.g., schedules, reasons for needing changes), and complete the necessary forms.
Need More Information?
At HM & Co. Solicitors, we offer expert advice on child arrangements orders and all areas of children’s law. Whether you’re embarking on the process for the first time or seeking to vary an existing order, our family law team is ready to guide you every step of the way.
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Contact us to discuss your family’s situation and find a constructive, child-focused path forward.
Your Questions, Answered
FAQs
FAQs – Child Arrangements Orders
1. What is a child arrangements order and what does it mean?
A child arrangements order is a court order that specifies who is responsible for a child’s care. Often used when parents cannot reach an agreement on how their child’s time should be divided, it sets out:
- Where the child lives
- How often and in what way they see or have contact with each parent
The key principle is that the order places the child’s welfare first.
2. What conditions can a child arrangements order specify?
A child arrangements order can determine:
- Where the child will live (often splitting time between two homes)
- How the child will maintain contact with both parents (including arrangements for weekends, school nights, holidays)
- Other types of communication, e.g. phone calls, video calls, letters, or cards
In essence, it lays out clear guidelines for day-to-day living and contact.
3. Who can apply for a child arrangements order?
Typically, these individuals can apply without seeking the court’s permission:
- A parent, guardian, or special guardian of the child
- A spouse or civil partner if the child is treated as part of that family
- Someone with parental responsibility for the child
- Someone who already has a residence order for that child
- Anyone the child has lived with for more than three years
Grandparents or others not falling under these categories must usually ask the court’s permission before applying.
4. How do I apply for a child arrangements order?
- Mediation Assessment: Before applying, you must attend a Mediation Information and Assessment Meeting (MIAM) unless certain exemptions (e.g. domestic abuse) apply.
- Complete a C100 Form: This form sets out details of the child, the parties involved, and the orders sought. If you allege harm or domestic violence, you also need to file a C1A form.
- Pay the Court Fee: Currently £237, unless you qualify for a fee exemption.
- Send Forms to Court: The court will schedule a First Hearing Dispute Resolution Appointment (FHDRA). A copy of your application is sent to the other party, who must acknowledge it.
5. How long does a child arrangements order last?
Generally, a child arrangements order remains effective until the child turns 18, unless the order specifies an earlier end date or circumstances warrant a variation or discharge by the court.
6. How much does a child arrangements order cost?
You’ll pay the court fee (£237 at present) plus any solicitor fees, if you choose to have legal representation. Although you can apply independently, child law can be complex, so seeking professional advice from a family lawyer is strongly advised.
7. What do the courts consider when granting a child arrangements order?
Courts must consider the child’s best interests above all. They apply the “welfare checklist,” which looks at:
- The child’s wishes and feelings (based on age and understanding)
- Their physical, emotional, and educational needs
- The likely effect of any change in circumstances
- The child’s background, such as age and sex
- Any risk of harm the child has suffered or might suffer
- Each parent’s ability to meet the child’s needs
- All powers available to the court
8. Is a child arrangements order legally binding?
Yes. The order carries legal force, and breaching it constitutes contempt of court, leading to possible fines, community-based enforcement, or, in rare cases, imprisonment.
9. How are child arrangements orders enforced?
If one parent fails to comply with the order:
- Try Discussion or Mediation: Attempt to resolve breaches through dialogue or a neutral mediator.
- Return to Court: If that fails, you may apply using Form C79 to enforce the order. The court will list a hearing—ideally with the original judge—within 20 working days.
Need More Information?
For further advice and support on child arrangements orders, contact HM & Co. Solicitors at:
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Services
Our Divorce Services
Children’s Solicitors: Supporting You and Your Children
Book Appointment Children’s Solicitors: Supporting You and Your Children When caring for your children, you deserve support as well. Whatever challenges you face as a family—be it acrimonious or amicable—our…
What is Special Guardianship Orders?
Book Appointment What Is a Special Guardianship Order? When a family crisis arises and children cannot be cared for by their birth parents, relatives or close friends might need to…
What is Child Custody Agreements?
Book Appointment Children’s Solicitors: Supporting You and Your Children When parents separate, one of the most difficult and emotional questions they face is how to arrange the care and upbringing…
International Child & Family Law
Book Appointment International Child & Family Law When parents separate and one or both have ties overseas, international family law can play a major role in shaping child custody and…
Testimonials
What Our Clients Are Saying
I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha.
This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding.
I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings.
If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha.
Thank you again for all your help and support!
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers).
Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
Shocked and surprised!
I entered the HM & Co Solicitors on Lower Road in what can only be described as a highly agitated state. I had been told a variety of information from another company and had been told I needed services from a solicitor. After explaining my situation to the gentleman I now know as Mr Hakeem Ayantayo (solicitor) he advised me that I did not need his services and to offer them to me for monetary gain would be against good public practise. He offered me friendly advice and even briefly spoke on the phone to the other company who were trying to make things difficult for me. Ultimately the situation I was in was resolved due to Mr Ayantayo and his due diligence. Mr Ayantayo could have taken advantage of my ignorance and lack of lawful knowledge but instead showed me kindness and support all while not fleecing me! Which in this day and age is a rarity! My sincere thanks to Mr Ayantayo and his lovely secretary you have restored my faith in not only the local business community but people in general.
Get Started with Confidence
Book Appointment
Insights & Advice
Latest Blog Posts
