A Child Arrangements Order – what is it, when would I need one and how do I apply for one?

If parents are not able to reach an agreement regarding child arrangements having engaged in non-court dispute resolution (e.g. solicitor negotiation, instructing a mediator or independent social worker), the next step would be for one of the parties to apply to the court for a child arrangements order. A child arrangements order is an order from the court that determines who a child is going to live and spend time with. The order usually remains in force until the child reaches the age of 18.

The process of applying

Before making the application, the person applying for a child arrangements order will need to contact a mediator to obtain a MIAM certificate (if the parties have engaged in mediation, then they may have already obtained this). The purpose of this form is to prove that the person making the application has attended an initial session with a mediator to discuss whether mediation is an appropriate option. This is a requirement for anyone wanting to apply for a child arrangements order, although there are specific exceptions to having to obtain this.

The next step will be to complete a Form a court prescribed form that asks you to confirm what you are applying for and your reasons for the application. Once the application has been issued, a copy of the C100 will be sent to the other party and the first court hearing will be listed.

What to expect

Typically, there are three court hearings (however, for a range of reasons it could be that more hearings are required):

1. The First Hearing Dispute Resolution Appointment (FHDRA) is a procedural hearing whereby the court determines a timetable for the course of the proceedings and whether any expert reports are required. The judge does not have the power to make any orders in relation to the child arrangements at this stage. The parties can come to an agreement regarding child arrangements at any point throughout the proceedings and they will be encouraged by the judge to do so at each stage. If the parties do reach an agreement, the terms of the agreement can be drawn up in a child arrangements order and this will bring the court proceedings to an end.
   
   
2. The Dispute Resolution Appointment (DRA) is the second hearing. The purpose of this hearing is for the judge to consider additional evidence that has been obtained as a result of the directions made at the previous hearing. The judge may then make further directions for the case to progress. Again, the judge does not have the power to make any child arrangements orders at this hearing and any arrangements must be agreed between the parties.
   
3. The Final Hearing is the third and final hearing in the court proceedings. The judge will consider all of the evidence produced throughout the matter, will hear oral evidence from the parties and will then make a final decision as to the future child arrangements. This will be recorded in the form of a child arrangements order which is binding and enforceable.

Who can apply for a child arrangements order?

It is important to note that, it is not just parents that can apply for a child arrangements order. Under the Children Act 1989, the people in the following category are able to apply for a child arrangements order:

1. any parent/guardian or special guardian of the child;
2. anyone who has parental responsibility for the child;
3. any person who is already named in a child arrangements order as a person with whom the child is to live.
4. any party to a marriage/civil partnership in relation to whom the child is a child of the family;
5. any person with whom the child has lived for a period of at least three years;
6. any person who has consent from
7. any person at point 3
8. the local authority (if the child is their care)
9. each of those who have parental responsibility for the child.
10. a local authority foster parent/relative of the child if the child has lived with him for at least one year immediately preceding the application.

For further information and to speak to an expert in our Family Team, call us on 020 8290 0440.