In this article
A child arrangement order is an important court order as it dictates how much contact you have with your child. In this article, our child law solicitors outline everything you need to know.
For more information on a child arrangement order, please visit our child law page. However, if you want to contact a solicitor directly, please call us on 020 3007 5500.
What is a child arrangement order?
Child arrangement orders are legally binding orders which detail specific arrangements for a child, such as:
- When a child spends time with each parent
- Where a child lives
- Other types of contact that take place and when. For example, a telephone call or video call
A court order is usually the last resort if an agreement can’t be made between the parties informally or through mediation.
Who can apply for a child arrangement order?
Any of the following people can apply for a child arrangements order:
- Parent of the child.
- Guardian of the child.
- Step-parent of the child.
- Somebody who has obtained consent from everyone who has parental responsibility.
- Somebody who has the consent of the local authority if the child is in care.
- Any person who has the permission of those who already have a child arrangements order or a Residence Order.
- A foster parent that the child has lived with for at least one year immediately proceeding the application to the court.
- Anyone who has lived with the child for at least three of the past five years, which has not ended more than three months before the application.
Anyone not on the above list can also apply for this order, but they will need to get the court’s permission first.
What will the court consider?
When making an application for a child arrangements order, the court’s main priority is the child’s wellbeing. Therefore, when considering an application, the court will consider the following:
- The reason for the application
- The relationship between the child and the applicant.
- Any risks the application poses to the child. For example, whether the application will likely disrupt the child or cause harm to the child.
The closer the applicant is to the child, the more likely the court will grant the application.
How do I apply for a child arrangement order?
Before applying to the court for a Child Arrangement Order, the parties must first attend a Mediation Information and Assessment Meeting (MIAM). MIAM is where both parents meet with a family mediator to discuss forming an agreement outside of court. All parties must attend a MIAM, and if the parties cannot reach an agreement in the MIAM, you can then apply to the court for a court order.
There are exemptions to attending a MIAM, which include:
- Domestic violence.
- Bankruptcy.
- Other emergency proceedings or orders in place, such as a protective order.
You must then correctly complete the C100 application and send this to court with the appropriate fee. Once the court receives and reviews the application, they will arrange a ‘directions hearing’. All parents and guardians must attend this hearing alongside an officer of the Children and Family Court Advisory Service (CAFCASS).
If you’re looking for help with applying for an order, our child law solicitors can help. Please contact our solicitors directly on 020 3007 5500.
How long does a child arrangement order last?
Unless the child arrangement order specifies the expiry date of the order, the order will remain in place until the child is 18 (unless specifically stated otherwise.) Once the child has turned 18, they can decide the amount of contact they want to have with each person and who they would like to live with.
What happens if someone breaches a child arrangements order?
A court order is legally binding. Therefore, if a party breaches a child arrangements order, you will need to apply to the court to enforce the order. To apply to the court, you will need to complete a C79 form and send it to the nearest family court, alongside £232.
This form of a breach falls under family law, which means it’s not enforceable by the police.
In terms of punishments, failure to comply with a court order is contempt of court. In extreme circumstances, someone can face a prison sentence for contempt of court.
To enforce an order, contact our solicitors on 020 3007 5500.
How much does a child arrangements order cost?
When applying for a Child Arrangements Order, you must pay a court fee of £215.
However, if you’re looking for support in obtaining your order, there will be additional fees. Our fees vary depending on factors such as whether the other party contests the order. In any circumstance, our child law solicitors will always require a £90 + VAT (£108) initial consultation first. In this consultation, our solicitors guarantee:
- As much time as you need to discuss the details of your application and ask any questions you may have.
- Overview of your legal standpoint in your application and available options.
- An upfront time and fee estimate for your case.
To arrange your consultation, please contact our solicitors on 020 3007 5500.
Why contact Britton and Time solicitors?
A child arrangements order is an important court order as it determines how much contact you have with your child. Therefore, the process must be dealt with correctly, as mistakes are avoidable yet costly.
At Britton and Time, our child law solicitors will:
- Provide legal advice throughout the process so you can understand the circumstance to help you make informed decisions.
- Complete forms and prepare legal documents needed to apply and obtain a child arrangements order and file the documents with the court.
- Prepare and send the child arrangements order to the court.
- Prepare evidence and additional information for subsequent hearings.
- Make sure you have the best possible chance of the court accepting your order.
To contact a solicitor today, please call us directly on 020 3007 5500.
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