Child Arrangements Orders
PRACTICE AREAS - FAMILY LAW
When parents separate, arrangements may need to be made about where a child will live, how much time they will spend with each parent and how important decisions about their upbringing will be made.
Where parents cannot reach an agreement, it may be necessary to apply to the Family Court for a Child Arrangements Order.
At Chan Neill Solicitors LLP, our Family Law team provides clear and practical advice on child arrangements, parental responsibility and disputes involving children.
What is a Child Arrangements Order?
A Child Arrangements Order is a legally binding court order that can determine:
- Who a child will live with
- How much time they will spend with each parent
- When and how contact will take place, including holidays, overnight stays and telephone or video contact
The arrangements will depend on the individual circumstances of the family and the needs of the child.
When Might a Child Arrangements Order Be Needed?
A Child Arrangements Order may be appropriate where parents cannot agree on living or contact arrangements, one parent is restricting contact, existing arrangements are no longer working, or there are concerns about a child’s welfare.
Before making most applications, parents will usually be expected to consider mediation and attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies.
What Does the Court Consider?
The child’s welfare is the court’s paramount consideration.
The court may consider the child’s wishes and feelings, their physical and emotional needs, the effect of any change in circumstances, any risk of harm and each parent’s ability to meet the child’s needs.
There is no automatic preference for either parent. The court will consider what arrangements are in the child’s best interests.
Parental Responsibility
Parental responsibility refers to the legal rights and responsibilities a person has in relation to a child, including important decisions about education, healthcare and other aspects of their upbringing.
Having parental responsibility does not automatically determine where a child will live or how much time they will spend with each parent.
Changing or Enforcing a Child Arrangements Order
A Child Arrangements Order is legally binding. If circumstances change, an application may be made to vary or discharge the order.
Where one party does not comply with an existing order, it may also be possible to apply to the court for enforcement.
How We Can Help
Our Family Law team can assist with:
- Child Arrangements Order applications
- Living and contact disputes
- Parental responsibility
- Variation and enforcement of existing orders
- Relocation and international child arrangements
- Mediation and negotiated settlements
- Family Court proceedings
We understand that disputes involving children can be stressful and sensitive. Our aim is to provide practical advice and help you reach arrangements that protect your child’s welfare and provide certainty for the future.
Our team provides advice in English, Mandarin and Cantonese.
If you need advice about a Child Arrangements Order or another child-related family law matter, please contact our Family Law team today.