Our dedicated team of family solicitors have the expertise to help you make the necessary arrangements, including:

• A ‘lives with’ order (formerly Custody) – where your children will live
• Time spent with the other parent (formerly Access or Contact)
• Child Maintenance – how you’ll share the financial costs of raising a child
• Relocating children – if you or your ex-partner wish to move the children within the UK or abroad

What is a Child Arrangements Order?

A Child Arrangements Order is a Court ruling that sets out:

• Which parent your child will live with
• The time they spend with both parents, and
• What contact arrangements should be in place for any other family members.

The term “Child Arrangement” is relatively new and replaces older, more familiar terms such as child custody, residence, access and contact. This is to reflect a change in emphasis where the courts look at what is in the best interests of the child, rather than the interests of the parents.

What does a Child Arrangement Order cover?

It establishes who your child should live with and how much time they spend with the other parent. The exact terms reflect the needs of your family. For example, the children may live with one parent and stay overnight with the non-resident parent on alternate weekends, or they may divide their time between both parents, either equally or unequally.

The Order can also include additional matters such as who can make important decisions for the children (if carers other than parents are involved), who else in the family can have contact with them (such as grandparents and siblings), where the children may go on holiday, who holds passports and so forth. Every family is different. Your solicitor will ensure the Child Arrangements Order works for you.

How is a Child Arrangements Order enforced?

A Child Arrangements Order is legally binding and both parents must abide by it. Failure to do so may result in enforcement action by the Court, including a fine or, in extreme cases, imprisonment.

How long does a Child Arrangements Order last?

A Child Arrangements Order lasts until the child is 16 unless the Court states otherwise. For example, the Court may extend the arrangements if the child is disabled or has learning difficulties.

Who can apply for a Child Arrangements Order?

Ideally, both parents will agree on the child arrangements between themselves and there will be no need to involve the Court. A mediator can help you work through any issues. You will need to meet with a mediator at least once before you can issue proceedings with the Court.

If mediation does not work, then anyone with parental responsibility (parents have this automatically in most cases) can make an application to the Court for a Child Arrangements Order. If you do not have parental responsibility, you may still be able to apply as long as you have the permission of everyone who does.

When making child arrangements, the judge will follow a “welfare checklist” set out in the Children Act 1989. The checklist contains seven criteria to guide the Court, which will look at the child’s welfare as the paramount consideration. The checklist includes the wishes and feelings of the child, if they are old enough to express them.

The Court will also consider expert evidence from the Child and Family Court Advisory and Support Service (CafCass) before making arrangements that are in the best interests of the child.

Can I take my child abroad?

If a Child Arrangements Order is in place, the resident parent may take the child abroad for up to 28 days without having to obtain the other parent’s permission. However, the holiday should not breach the conditions that relate to the child spending time with the non-resident parent. If they do, the non-resident parent must give their consent to the trip.

Trips that last for longer than 28 days, including a permanent relocation overseas, require the consent of everyone with parental responsibility or an order of the court.

If you are a parent and have concerns about your ex-partner taking your child abroad without your permission, you may apply to the Court for a Prohibited Steps Order. This would forbid your ex-partner from taking the child abroad. The Court will consider the purpose of the trip and whether it is in the best interests of the child before making a decision.

If you would like to find out more about Child Arrangements Orders or need advice concerning family and divorce matters more widely, please contact our expert family law team.

Relocation With Children

In most cases, a parent who wishes to relocate with their child can do so only if:

• The other parent with parental responsibility agrees, or
• They have an order from the Court.

For the parents involved, relocation is often a black-and-white issue – one parent wishes to go and the other wants the child to stay. A mediator can often help reconcile the two opposing wishes and help you retain control over the decision-making.

Should the matter come to Court, a judge will make a decision based on what is in the child’s best interests. The Court will take a wide range of factors into account including the arrangements for the child’s schooling, where they will live, their age, lifestyle, and whether there is a support network in place in the new location. The most important factor will be the effect of the child’s relationship on the other parent. The Court will be proactive in ensuring that both parents retain a loving and supportive role in the child’s life as much as possible. As such, the Court may be more cautious if the relocation is overseas.

At Collyer Bristow, we offer exceptional legal advice to parents on the relocation of children either in the UK or abroad. This includes developing well-thought-out relocation and contact plans for the parent who wishes to move away with the children, and stepping in with urgent action if one parent is worried that the other will relocate with the children without their knowledge and/or consent. Our advice is tailored to your situation. Please get in touch for a confidential discussion about your needs.