Child Arrangements Orders: what to expect and how to prepare

A Child Arrangements Order is an order made under the Children Act 1989. It can determine:

• with whom a child is to live;
• when and with whom a child is to spend time;
• when and how other contact should take place; and
• practical arrangements such as holidays, special occasions, telephone calls or video contact.

The court can also consider related applications, including Prohibited Steps Orders and Specific Issue Orders, where a dispute concerns a particular decision about a child.

A court application is not always necessary. Where safe and appropriate, parents may be able to reach an agreement directly, through mediation or with other professional support.

An application may be considered where:

• parents cannot agree where a child should live;
• time with a parent or family member has stopped;
• the existing arrangements are inconsistent or regularly disputed;
• structured, supervised or indirect contact may be needed;
• safeguarding concerns affect the proposed arrangements;
• one person wants to change an existing order and agreement cannot be reached;
• an existing order is not being followed; or
• a wider dispute requires the court to decide what arrangements best promote the child’s welfare.

The correct application and strategy depend on the individual circumstances. Starting proceedings without first identifying the precise decision required from the court can lead to unnecessary evidence, delay and cost.

Before making most relevant children applications, an applicant will normally need to attend a Mediation Information and Assessment Meeting, known as a MIAM.

A MIAM provides information about mediation and other ways of resolving disputes without court proceedings. It does not require the parties to mediate together where mediation is unsuitable.

Exemptions may apply, including in some cases involving qualifying evidence of domestic abuse, urgency, child-protection concerns or other specified circumstances. The relevant evidence and application requirements must be considered carefully. Price Family Law can help you understand the procedural requirements, but cannot guarantee that a claimed exemption will be accepted.

Stage 1: Preparing the application

The applicant usually begins proceedings using Form C100. Depending on the issues, further information may also be required, including details of alleged harm or domestic abuse.

The application should identify what order is sought, why it is necessary and the arrangements proposed for the child. The applicant remains responsible for checking, submitting and paying for their application.

Stage 2: Safeguarding enquiries

In England, Cafcass will usually undertake safeguarding enquiries. In Wales, this role is carried out by Cafcass Cymru.

The relevant service may complete police and local-authority checks and speak with the parties about any welfare or safety concerns. The information provided can influence the recommendations made to the court, so preparation should be accurate, focused and child-centred.

Stage 3: Initial court consideration

The court considers the areas of agreement, the issues in dispute and whether any immediate safeguarding or procedural directions are required.

The exact process varies according to the court, location and circumstances. Some areas use a child-focused or investigative model that differs from the traditional hearing pathway. The court will decide the appropriate next steps for the individual case.

Stage 4: Further evidence or assessment

Where the court requires more information, it may direct:

• statements or other written evidence;
• a schedule of disputed allegations;
• a fact-finding hearing where relevant allegations need to be determined;
• a Section 7 report or other child-focused assessment;
• disclosure from the police, local authority, school or medical professionals;
• drug or alcohol testing;
• expert evidence where necessary and permitted; or
• further attempts to reach agreement.

Not every case requires every stage.

Stage 5: Agreement or final decision

The parties may reach an agreement during the proceedings. Any proposed order remains subject to the court being satisfied that it is appropriate.

If agreement cannot be reached, the court may conduct a final hearing and decide what arrangements, if any, should be ordered.

The child’s welfare is the court’s central consideration. Relevant matters may include:

• the child’s wishes and feelings, considered in light of their age and understanding;
• the child’s physical, emotional and educational needs;
• the likely effect of any change in circumstances;
• the child’s age, background and other relevant characteristics;
• any harm the child has suffered or may be at risk of suffering;
• the ability of each relevant adult to meet the child’s needs; and
• the range of orders available to the court.

There is no automatic entitlement to an equal division of time. The court considers the arrangements that best meet the needs of the individual child.

Cafcass advises the Family Court about children’s welfare in England. Cafcass Cymru performs the corresponding role in Wales.

Depending on the case and local process, their involvement may include:

• safeguarding checks;
• telephone discussions with the parties;
• advice to the court;
• speaking with the child where appropriate;
• contacting relevant professionals; and
• preparing a Section 7 report, child impact report or another assessment directed by the court.

Cafcass does not act for either parent. Communications should therefore focus on the child’s circumstances, welfare, needs and proposed arrangements rather than treating the conversation as an opportunity to argue the entire case.

Allegations of domestic abuse or harm can affect how the court manages the case and assesses safe arrangements for the child.

The court may need to decide:

• whether further evidence is required;
• whether disputed allegations need to be determined;
• whether interim contact is safe;
• whether contact should be supervised, supported or indirect;
• whether protective measures are required; and
• whether participation directions or other arrangements are needed for a fair hearing.

Allegations and responses should be specific, relevant and supported by the best available evidence. A long narrative is not necessarily more persuasive than a clear account linked to the decision the court must make.

An existing order may be varied or discharged where circumstances have changed or the arrangements are no longer suitable. This will commonly involve a C100 application.

Where someone is alleged to have failed to comply with an existing Child Arrangements Order, an enforcement application may be made using Form C79.

Enforcement is not automatic. The court considers what happened, whether there was a reasonable explanation, whether circumstances have changed and what response is consistent with the child’s welfare.

Price Family Law can support clients with the preparation and strategy for variation or enforcement applications, but the client remains responsible for conducting the proceedings.

Price Family Law provides fixed-fee strategic and practical support to people conducting their own Family Court proceedings.

Depending on the agreed scope, support may include:

• identifying the order and outcome you are asking the court to consider;
• developing a focused case strategy;
• support preparing a C100 or C1A;
• preparing a chronology and evidence plan;
• organising relevant communications and supporting evidence;
• preparing witness statements, position statements and schedules;
• preparing for Cafcass or Cafcass Cymru discussions;
• reviewing safeguarding letters and reports;
• preparing questions and responses to disputed allegations;
• court-bundle preparation;
• hearing preparation; and
• McKenzie Friend court attendance where separately agreed and permitted by the court.

Every engagement is individually scoped and quoted before work begins.

Free initial consultationA 20-minute telephone consultation to discuss your circumstances and identify the support that may be suitable.

Complete Case SupportA fixed fee is confirmed following the consultation and an assessment of the work required.

Strategic Case Review – £495An independent assessment of the documents and issues included within the agreed scope, with written strategic recommendations and prioritised next steps.

One-Off Fixed Fee ServicesSupport with a defined application, document or stage of proceedings, quoted individually.

Court fees, expert fees, barristers’ fees and other third-party costs are not included unless expressly stated.