A Child Arrangements Order provides a legally enforceable framework in respect of a child’s day-to-day living arrangements.

Often, when parents separate, the paramount concern for them is deciding where their child(ren) will live and when/how they will spend time with their parents.  This often involves an emotionally complicated set of decisions which people may struggle to resolve themselves.

Under Section 8 of the Children Act 1989 applications for Child Arrangements Orders can be made and can set out Orders that a child lives with or spends time with a certain person.  Parental roles are not labelled but the practical realities of arrangements are.

In addition to parents, there are other people who will be able to apply for a Child Arrangements Order and some who may be able to seek the Court’s permission to make such an application.

What is a Child Arrangements Order?

Section 8 of the Children Act 1989 confirms that a Child Arrangements Order means an Order regulating arrangements relating to:

• With whom a child is to live, spend time or otherwise have contact; and
• Where a child is to live, spend time or otherwise have contact with any person.

In the event that an Order that a child ‘lives with’ someone is in place, that means that this person will be able to make most of the general day-to-day decisions in respect of a child. They will also be able to take the child out of the United Kingdom for a period of no more than one month without the written permission of the other parent/Parental Responsibility holder(s).  They will not be able to take the child out of the United Kingdom for any longer than that, nor will they be allowed to change the child’s name without the written permission of the other parent/ parental responsibility holder(s).

The Family Courts at present are concerned with ensuring that there is as little inflammatory or adversarial language used in respect of these arrangements  as possible. Parties are required to attempt to mediate in advance of making Court applications in respect of children matters unless specific circumstances apply.

The overriding principle: the child’s welfare

Under Section 1(3) of the Children Act 1989, the Court will need to have regard to a child’s welfare as the paramount consideration when considering making a Child Arrangements Order.

Welfare is dealt with by what is often referred to as the ‘welfare checklist’ where the Court will have regard in particular to:

• Ascertaining the wishes and feelings of the child concerned (considered in the light of their age and understanding);
• The child’s physical, emotional and educational needs;
• The likely effect on the child of any change in their circumstances;
• Their age, sex, background or any characteristics of the child which the Court considers to be relevant;
• Any harm which the child has suffered or is at risk of suffering;
• How capable each of the parents, and any other persons in relation to, the Court considers the question should be relevant, is of meeting the child’s needs;
• The range of powers available to the Court in relation to the proceedings in question.

The Court must also consider that they should not to make an Order unless doing so would be better for the child than making no Order at all.  This is often called the ‘no Order’ principle.  Again, this confirms the preference for the Family Court not to be involved in arrangements for a child if at all possible.

Who can apply for a Child Arrangements Order?

There are a few people who are automatically entitled to apply and a further class of people who require the permission of the Court to do so.

Those who are automatically entitled include:

• Parents with parental responsibility;
• Those named on the child’s birth certificate;
• Those with a Special Guardianship Order in respect of the child;
• Any party to a marriage or civil partnership in relation to whom the child is or was a child of the family;
• Any person with whom the child has lived with for a period of at least three years;
• In a case where there is a Child Arrangements Order regulating a child’s living arrangements, then any person with the permission of each of the persons named in the order as a person with whom the child is to live;
• In a case where a child is in the care of the Local Authority, any case worker who has consent of that Authority;
• Any person with the consent of all those with parental responsibility for a child;
• Local Authority foster parents with respect to a child who has lived with them for a period of at least one year immediately preceding the application;
• A relative of a child if the child has lived with that relative for a period of at least one year immediately preceding the application; or
• Those with an existing Child Arrangements Order that a child lives with them.

Some people are required to seek the permission of the Court. For example, those who are a child’s biological parent but do not hold parental responsibility for them. If the a person is applying for leave to make an application, the Court will need to consider:

• The nature of the proposed application;
• The applicant’s connection with the child;
• Any risks there might be of the proposed application disrupting the child’s life to such an extent that they would be harmed by it; and
• Where the child has been looked after by a Local Authority:
  • The Local Authority’s plans for a child’s future; and
  • The wishes and feelings of the child’s parents.

In Summary

A Child Arrangements Order provides an enforceable framework for a child’s living arrangements and the time that they spend with the key people in their life.  The child’s welfare is of paramount consideration for the Court when making decisions about these Orders.  Some applicants have an automatic right to apply; however, others require the Court’s permission to do so.

How Timms Family Law Team Can Help

Our experienced family law team can assess your eligibility to apply, advise on whether permission is required, and help you build a strong, welfare-focused case from the outset. Early legal advice often prevents costly delays and ensures your application is presented in the best possible light.

If you need guidance on Child Arrangements Orders, whether you're a parent, grandparent, or carer, contact us today on freephone 0800 011 6666 or via email at legal@timms-law.com for a confidential consultation. We can explain your options, outline the next steps, and help you secure arrangements that put your child's welfare first.