What is a child arrangements order? – Everything you need to know

When a couple with children decide to separate, children are often caught in the middle of a hostile situation. As a result, many spouses require the help of legal support to find a solution to their problems. In circumstances where a solution cannot be reached, it may be necessary to apply for a child arrangements order.

In this article, we will explain the different types of child arrangements orders, their purposes and how the court decides whether an order is necessary.  

What are Child Arrangement Orders?

During a relationship breakdown, it is best for all concerned to try and reach an agreement about the children as to where they are to live and how much time they are to spend with the absent parent. If an agreement is reached, then you do not necessarily need an order and the Courts will not intervene. This is known as the “no order principle”.

If the matter has to proceed to Court, there are various orders that a court can make which include:

Parental Responsibility Order

Mothers alone automatically acquire this at birth. A father will automatically acquire this if they are married to the child’s mother, divorced from her or if their name is on the birth certificate. Parental responsibility gives you a say concerning the child’s upbringing, such as what school the child should attend, what religion they follow and what medical treatment should be given.

Child Arrangements Order

This sets out whom the child lives with and what time they spend with the other parent.

Specific Issue Order

This relates to a specific issue that you cannot agree upon, such as which school the child is to attend, should the child’s name be changed or is the child to be removed from the jurisdiction.

Prohibited Steps Order

This is an order that will prevent one parent from doing something such as removing the child from the jurisdiction, without the court’s approval.

How do courts decide if a child arrangements order is necessary?

In deciding whether an order should be made, the Court’s paramount consideration is the welfare of the child and the court must have regard to what is known as the welfare checklist, which includes:

• The wishes and feelings of a child
• The child’s physical, emotional and educational needs
• The likely effect upon the child of any change
• The child’s age, sex, background and other characteristics
• Any harm which the child has suffered or is at risk of suffering
• How capable each parent is in meeting the child’s needs
• The range of powers available to the Court

How can Taylor Bracewell’s Family Lawyers help?

Here at Taylor Bracewell, we understand the process of child arrangements can be a stressful time, which is why our family team are there to assist you from start to finish. If you would like more information concerning applying for a child arrangements order then, please do not hesitate to contact our friendly family team on 01302 341414. Alternatively, you can fill out our online enquiry form and a member of the team will be in contact as soon as possible.