The end of a relationship is never easy, but when children are involved, the stakes become much higher. Every separated parent faces the same crushing questions: Where will my children live? When will I see them? How can I protect their wellbeing while fighting for my rights?
For thousands of UK families navigating separation each year, child arrangement orders provide the legal framework that can transform uncertainty into clarity, and conflict into cooperation. Far from being just another piece of legal paperwork, these court orders represent a lifeline for families seeking stability during one of life’s most turbulent periods.
Understanding how Child Arrangement Orders work — when you need them, how to apply, and what courts actually consider — could be the difference between years of bitter disputes and a future where your children thrive and enjoy meaningful relationships with both parents.
What is a Child Arrangement Order?
A child arrangement order is a court order to determine where a child will live, and how much time they will spend with each parent (or family member) upon separation. Introduced under the Children and Families Act 2014, Child Arrangement Orders reflected a clear shift towards a more collaborative approach to post-divorce parenting rather than one of conflict.
The core principle of a Child Arrangement Order is to safeguard the welfare of the children involved — this is considered paramount at all times during the process. What this means is that, regardless of the wishes of the parents or any previous agreements, the court will always prioritise making decisions regarding living situations and contact based on the child’s best interests.
When Are Child Arrangement Orders Necessary?
Parents who are able to come to an agreement for childcare following separation may not require a court order at all. However, Child Arrangement Orders become necessary when:
- Parents cannot reach an agreement independently.
- Mediation has failed.
- There are concerns regarding the child’s safety or welfare.
- One parent is attempting to prevent the other from having contact with the child.
It’s also possible for parents who have reached an amicable agreement to formalise it through a court order. This is done to provide legal security and full enforceability and can be highly valuable in situations where circumstances may change in the future, or where the process to come to an agreement involves periods of dispute.
Types of Child Arrangement Orders
Child arrangement orders typically address two key aspects of a child’s care: where they will live and spend time, and contact plans with the non-resident parent
The first type of child arrangement order relates to determining where their primary residence will be as well as which parent will have daily responsibility for their care. It’s important to note, this doesn’t necessarily mean that the child will live exclusively with one parent, as shared custody, to some extent, is most common should the circumstances permit it.
The second aspect refers to time spent with the non-resident parent or other family members. This will encompass not only face-to-face contact but also other forms of permitted communication, such as:
- Phone calls
- Video calls
- Messages
- Letters
The court recognises that maintaining relationships with both parents and extended family members is highly beneficial for the emotional wellbeing and development of children and should be factored into arrangements.
Child Arrangement Order Application Process
The child arrangement order application process follows several distinct stages that applicants must navigate carefully:
- Mediation Information and Assessment Meeting (MIAM): Parents are generally required to attend a MIAM prior to making a child arrangement order application. This is done to explore whether mediation could help resolve differences without court proceedings. Exceptions do exist to this for cases involving:
- Domestic violence
- Concerns surrounding child protection
- Scenarios needing urgent resolutions
- Completing Application: If mediation is unsuccessful or inappropriate, a child arrangement order application can be made. This process requires completing the comprehensive Form C100 which requires detailed information about both parents and the child, proposed solutions, and why this application serves the best interests of the child(ren) involved.
- Court Fees and Supporting Documents: Applicants are required to pay the court fee. This currently stands at £232, although fee remission is possible for those on low incomes. Supporting documents, including MIAM certificates, relevant safeguarding information, and evidence supporting suggested custody plans, must also be submitted at this stage.
- First Hearing Dispute Resolution Appointment (FHDRA): Both parties are expected to attend a court scheduled initial hearing. The court will consider safeguarding issues, explore agreement possibilities, and give direction for the future of the case.
- Further Hearings and Final Order: If an agreement cannot be reached, then the court may order further hearings to take place and request reports from Children and Family Court Advisory and Support Services (CAFCASS) before ultimately making a final decision based on the child’s welfare.
What Courts Consider
Courts deciding Child Arrangement Orders must follow a clear legal framework designed to protect children’s interests. The welfare checklist from the Children Act 1989 provides the foundation for all decisions, ensuring judges examine every relevant aspect of a child’s circumstances. They will consider the following:
- The Child’s Wishes: Courts will consider what the child wants. However, this will depend on both age and maturity. The older the child, the more weight their input will have, though a younger child’s preferences will be noted when appropriate.
- Child’s Needs: How proposed plans meet the child’s day-to-day physical, emotional, and educational needs will be strongly considered. Stability in education is seen as particularly important, as is maintaining existing relationships.
- Parental Capacity: How able each parent is to provide proper care will be considered. This includes their physical and mental wellbeing, work commitments, housing situation, and ongoing relationship with the child. Any historical issues or concerning behaviour will be carefully scrutinised.
- Risk of Harm: Any evidence of physical, emotional, or psychological harm — whether suffered already or possible in the future — will receive serious consideration. This includes history with domestic violence, substance abuse, or any other possible safeguarding concerns.
- Impact of Change: How different plans could affect the child’s routine, relationships, and general wellbeing will be factored into decision making. It’s possible that maintaining the status quo will best serve the child’s interest over implementing unnecessary changes, even if one parent is requesting modifications.
While precedent from similar cases will be a major contributing factor for child arrangement orders, every family situation is unique, so any decision will be based on the evidence presented.
Breach of Child Arrangement Order: Enforcement and Consequences
Once made, Child Arrangement Orders are legally binding and enforceable. A breach occurs when a parent fails to comply with the terms stated without “reasonable excuse”. Understanding what it is that constitutes a breach of child arrangements order is critical for all parties involved.
Before pursuing enforcement action, you must have a valid Child Arrangement Order in place with a warning notice attached. Enforcement cannot be taken against private agreements made — only official court orders. If your order lacks a warning notice, you may still be able to attach one.
Proving Non-Compliance
You must be able to satisfy the court beyond reasonable doubt that your ex-partner failed to comply with the order. It’s important to note that not every departure constitutes non-compliance — there are a number of “reasonable excuses” that may negate a possible breach. This typically includes:
- Sudden illness of the child or parent.
- Genuine emergencies.
- Unavoidable work commitments.
- Transport issues outside of the parent’s control.
It is the responsibility of the respondent to prove any reasonable excuse.
Court Powers
If the court is satisfied a breach has occurred, it has a wide array of enforcement powers to call upon. This can include:
- Unpaid Work Orders: Hours of community work.
- Financial Compensation: Payment for losses incurred (travel costs, cancelled trips, etc.). Compensation will not be rendered for any upset feelings.
- Order Variance: Modifying arrangements to address non-compliance.
- Mediation Orders: Requiring both parties to attend mediation to resolve ongoing disputes.
- Fines: Financial penalties imposed directly by the court for contempt.
- Imprisonment: Reserved for serious or repeated breaches and only where other measures have failed.
It’s important to note that courts will generally prefer to utilise enforcement measures that prioritise maintaining and improving the child’s relationship with both parents over punitive approaches that have potential to further damage familial relationships.
The Importance of Professional Guidance
Navigating Child Arrangement Orders can be an emotionally challenging and legally complex process. For example, the court process often involves strict procedures, deadlines, and evidential requirements that can prove highly difficult to manage without professional support. Experienced family law solicitors can provide invaluable guidance throughout this process, helping parents to better understand their rights and responsibilities, while focusing on achieving the best outcome possible for the children.
Professional legal advice is key in any cases involving more complex family dynamics (blended families, contentious situations, or multiple parties seeking arrangements), international elements, or where there are concerns about child welfare or possible domestic violence. Solicitors can help in preparing comprehensive applications, gathering supporting evidence, and effectively representing parental interests.
Moving Forward Constructively
While Child Arrangement Order proceedings can feel adversarial, it’s important to remember that the ultimate goal is always to establish plans that support the wellbeing of the child(ren) involved, while also maintaining important family relationships and dynamics.
Parents who approach these proceedings with the best interests of their children at heart, and remain open to both compromise and professional guidance where necessary, are far more likely to achieve a positive outcome that will serve their families well moving forward.
For anybody facing these difficult decisions, professional legal guidance can provide not only technical expertise, but also the personal support needed to navigate this complex process. If you’re facing separation or divorce and have concerns about Child Arrangement Orders, the experienced family law team at WHN Solicitors can guide you through every aspect of the application and enforcement process.
We are on hand to ensure that your rights are protected, and that you achieve the best possible outcomes for your children – ones that prioritise their welfare whilst maintaining meaningful relationships with both parents.
Contact David Connor at [david.connor@whnsolicitors.co.uk] & [01706 232039], or get in touch with Stephen Pinnington at [stephen.pinnington@whnsolicitors.co.uk] & [0161 761 8079] for expert support.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please contact our family law team to arrange a consultation.
