How the Family Court decide to make a Child Arrangements Order

A Child Arrangements Order is an order setting out the arrangements to be made as to the person with whom a child is to live with and the time the child shall spend with the absent parent. In deciding whether an order should be made, the Court’s paramount consideration is the welfare of the child and the Court will have regard to the following, known as the Welfare Checklist:

The ascertainable wishes and feelings of the child concerned (considered in light of the child’s age and understanding)

1. The child’s physical, emotional and educational needs.
2. The likely effect on the child of any change in his/her circumstances.
3. The child’s age, sex, background and any other characteristics that the Court considers relevant.
4. Any harm which the child has suffered or is at risk of suffering.
5. How capable each of the child’s parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting the child’s needs.
6. The range of powers available to the Court.

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