BLOGS

What is a Child Arrangements Order?

In essence, a Child Arrangements Order regulates arrangements relating to whom your child lives, where your child lives and the ways in which person(s) may have contact with your child. The term contact refers to the time that your child spends with an adult. For example:

·  direct (contact that takes place in a face-to-face setting)

·   indirect (contact that takes place via the exchange of letters or telephone calls)

·   overnight (contact that facilitates a child sleeping over at another residence)

·   supervised (contact that is observed by another person)

There is a presumption that parental involvement in a child’s life will positively impact their welfare, but in exceptional circumstances the court may declare that no contact is the appropriate order.

Can I Apply for a Child Arrangements Order?

That will depend on who you are! There are certain people that are automatically entitled to apply for a Child Arrangements Order. For example:

·  parent

·  stepparent

·   guardian

·    an adult if the child has lived with them for a period of at least three years within the last five years

There are certain people that will require permission from the court before they can apply for a Child Arrangements Order. The court will consider several factors when deciding if an applicant should be granted permission. For example:

·  nature of application (type of contact being sought)

·  connection with child (whether you are a relative or family friend)

·  risk that order will disrupt the child (whether it will change their routine)

·  wishes and feelings of parents (whether they support or discourage the contact)

Do I Need to Do Anything Before Applying for a Child Arrangements Order?

Yes! The law requires most applicants to attend a Mediation Information Assessment Meeting (MIAM) prior to going to court. The purpose of a MIAM is to see if the issue can be resolved in an amicable manner. A MIAM is not legally binding, this is positive because it encourages the parties to be flexible about the child arrangements being put in place, but it is negative because if the child arrangements are breached then there is no recognisable method of enforcement.

There are exceptional circumstances where you may not have to attend a MIAM. For example:

· concerns of child safety

·  concerns of domestic abuse

·   no available mediator within fifteen miles

How Long will a Child Arrangements Order last?

If the Child Arrangements Order regulates whom the child lives with and when they are supposed to live with them, then it will expire when the child turns eighteen, unless the court utilises its discretion to set an earlier date. If the Child Arrangements Order regulates when the child is to have contact with a person, then it will usually end when the child turns sixteen, unless the court utilises its discretion to set an earlier date.