The Children and Families Act 2014 introduced Child Arrangement Orders, which took the place of residence orders and contact orders. A Child Arrangement Order outlines the arrangements concerning:

  • who a child will live with, spend time with, or have contact with
  • when a child is to live, spend time or otherwise have contact with any person

Our child care solicitors in Wakefield regularly negotiate arrangements for children through correspondence, face to face meetings and, where necessary, in Court proceedings.  We also advise grandparents and other relatives where family arrangements break down.

We adopt a constructive and positive approach to Court proceedings about children, working hard to achieve the right solution for you. In emergency situations we offer same day appointments whenever possible and regularly make emergency applications to Court to protect children.

Child Arrangement Programme

The Child Arrangement Programme is a system implemented in the UK to help manage child custody and contact matters following the separation or divorce of parents. It comes into play when disagreements occur between separated parents or families regarding children’s arrangements.

The aim of the Programme is to promote and support the resolution of these disputes without going to court, and if that’s not feasible, to ensure a quick resolution through the court system. The focus is on minimising litigation whenever possible, prioritizing out-of-court solutions.

All potential applicants (with some exceptions that we can discuss with you) must participate in a Mediation Information and Assessment Meeting (MIAM) with a mediator before starting any court proceedings, as required by the Court.

Parent Mediation

Sometimes, parents are assisted in making decisions in relation to their children by meeting with a mediator. Mediation generally takes the form of one or more meetings between the parents and mediator to provide a safe, neutral forum for discussion.  We will usually discuss with you making a referral to a mediation service.

There are a number of advantages to an early referral to mediation, in particular:

  • this can be a quicker, cheaper and less formal process than applying to court
  • agreements reached between parents are generally more flexible than court orders

Court Orders

The court can make a variety of orders concerning the arrangements for children. These orders are intended to ensure that the child’s welfare is prioritized and that arrangements are in the best interests of the child.

Here are the types of orders that the court can make.

Child Arrangement Orders

Child Arrangement orders determine where a child lives.

Where a Child Arrangement order is in force the parent with whom the child lives may remove the child from the jurisdiction (i.e. England and Wales) for up to four weeks without the consent of the other parent.

The surname of a child subject to a Child Arrangement order stipulating where the child lives cannot be changed without the consent of everyone with parental responsibility.

Child Arrangement orders require the parent with whom the child lives to make the child available to spend time with other parent.

When a child arrangement order is made, a Warning Notice is attached to it. This means that if the parent with whom the child lives does not make the child available to spend time with the other parent,  or the other parent does not spend time with the child as ordered, they can be fined or sent to prison, or ordered to do unpaid work, or ordered to repay out-of-pocket expenses caused by the missed contact.

Parental Responsibility Order

“Parental responsibility” is the legal term for the rights and responsibilities which you expect to have as a parent towards your child.  This includes the right to be consulted and informed about educational and religious upbringing and medical treatment and to consent to a change of name.

All mothers automatically have parental responsibility for their children.

Married fathers automatically have parental responsibility. Unmarried fathers automatically have parental responsibility if they are named on their child’s birth certificate and the child was born after 01 December 2003.

Any carer who has a child arrangement order ordering that a child lives with them also has parental responsibility for that child.

If you do not have parental responsibility you can acquire this

  • through entering into a parental responsibility agreement (which requires the Mother’s consent; or
  • through a court order

Specific Issue Order

A Specific Issue Order is a legal ruling that addresses a particular disagreement concerning a child’s upbringing. This type of order is often sought when parents or guardians are unable to reach a consensus on specific matters related to the child, including areas like education, healthcare, and religious practices.

Prohibited Steps Orders

A Prohibited Steps Order is a court order that stops a parent or guardian from taking specific actions concerning a child. This can involve things like taking the child out of the country, altering the child’s name, or relocating the child from their current home or school.

Criteria for the Court to Consider

In making a child arrangement order, specific issue or prohibited steps order the Court has to consider various criteria set down by law. The paramount consideration for the Court is the welfare of the child.

Delay is to be presumed to be to the child’s detriment unless there is a reason for it such as allowing time for the preparation of a report. The Court then has to consider a list of factors sometimes referred to as the “welfare checklist”. These are:

  • The ascertainable wishes and feelings of the child (in the light of their ageand understanding)
  • The child’s physical, emotional and educational needs
  • The likely effect on the child of any change in their circumstances
  • The child’s age, sex and background and any particular characteristics which the child has.
  • Any harm which the child has suffered or is at risk of suffering (including emotional harm)
  • How capable each of the child’s parents (and other relevant adults) is of meeting the child’s needs

The Court follows a principle that it should only issue an order if doing so is more beneficial for the child than not issuing one. Therefore, if the parents come to an agreement, the Court may simply document that agreement instead of turning it into a formal order.

Funding your Case

We offer a range of fixed fee packages designed to give you clarity on costs while providing an affordable way to access legal advice. For more details about our Fixed Fee Packages, please visit our Family Fees and Funding Page.

You may be eligible for legal aid, although it is only available in specific circumstances, depending on your financial situation and the merits of your case. Legal aid is typically granted in cases involving recent domestic violence, child protection concerns, or “exceptional” cases. If you believe you may qualify, please ask us for a free Legal Aid assessment.

Along with Child Arrangement, we provide a range of service in the field of Family Law, including: