Child Arrangements Orders | Family Law Solicitors Bedfordshire
When parents separate, deciding where children will live and how they will spend time with each parent can be one of the most emotionally challenging aspects of the process. At Heritage Park Family Law, we understand how difficult this time can be for families, and we are here to help you reach arrangements that work for your children and give you peace of mind.
Our specialist family lawyers have extensive experience helping parents resolve children disputes – whether through negotiation, mediation, or when necessary, court proceedings. We focus on finding practical solutions that put your children’s wellbeing at the heart of every decision.
A child arrangements order is a court order that sets out:
These orders replaced the older terms ‘residence order’ and ‘contact order’ in 2014. If you have heard people refer to ‘custody’ or ‘access’ arrangements, these are outdated terms that are no longer used by the courts in England and Wales.
Child arrangements orders are governed by Section 8 of the Children Act 1989. Each order is tailored to the specific circumstances of the family and what the court considers to be in the best interests of the particular child or children involved. This means there is no such thing as a ‘standard’ arrangement – every family’s situation is different.
Key points about child arrangements orders:
Many parents are able to reach agreement about their children’s arrangements without going to court. If you and your child’s other parent can communicate effectively and agree on what works best for your children, you may not need a formal court order at all.
However, a child arrangements order may be helpful or necessary if:
We always encourage parents to try to reach agreement through discussion or mediation where possible. This approach is typically quicker, less expensive, and less stressful for everyone involved – especially the children. However, when agreement cannot be reached, or where there are safeguarding concerns, court proceedings may be the appropriate route.
When making any decision about a child, the court’s paramount consideration is the child’s welfare. This is set out in Section 1 of the Children Act 1989.
The court must also consider what is known as the ‘welfare checklist’, which includes:
The court will also consider the presumption that the child’s welfare will be furthered by the involvement of both parents in the child’s life, provided this is safe and in the child’s best interests.
It is important to understand that the court does not look at what is ‘fair’ to either parent. The focus is entirely on what arrangements will best meet the needs of the child.
Under Section 8 of the Children Act 1989, the court can make several types of orders relating to children. Understanding the differences can help you determine which order, if any, is appropriate for your situation.
As explained above, this order determines who a child lives with and spends time with. It is the most common type of order in private children proceedings.
If you are named in a child arrangements order as a person the child lives with, you gain certain automatic rights, including the ability to take the child out of England and Wales for up to 28 days without needing the other parent’s consent (unless the order specifies otherwise).
A specific issue order is used to resolve a particular dispute about a child’s upbringing when parents cannot agree. Common examples include disagreements about:
A specific issue order addresses one particular question and does not give general decision-making powers. It simply resolves the specific dispute that has arisen.
A prohibited steps order prevents someone from taking a particular action concerning a child without the court’s permission. This type of order is often used to:
Prohibited steps orders can be obtained urgently (without notice to the other party) in emergency situations where there is an immediate risk, such as suspected child abduction.
Parental responsibility is a legal concept that gives a person the right to make important decisions about a child’s life, including decisions about education, medical treatment, religion, and where the child lives.
Who has parental responsibility automatically?
Who may acquire parental responsibility?
Understanding parental responsibility is important because many decisions about children require the agreement of everyone who holds parental responsibility. If you are unsure whether you have parental responsibility for a child, we can advise you.
If you need to apply to the court for a child arrangements order, here is what you can typically expect:
Before you can apply to the court, you must generally attend a Mediation Information and Assessment Meeting (MIAM). This is a legal requirement unless you have a valid exemption.
During the MIAM, an authorised family mediator will explain how mediation works and assess whether it might be suitable for your case. Exemptions from attending a MIAM include situations involving domestic abuse, child protection concerns, or where the matter is urgent.
If mediation is not appropriate or has been unsuccessful, you can apply to the court using Form C100. The current court fee is £232 (as of 2024), although you may be entitled to fee remission depending on your financial circumstances.
The application should set out what order you are seeking and why. You will need to provide information about the children, both parents, and any relevant background.
Once your application is issued, CAFCASS (the Children and Family Court Advisory and Support Service) will carry out initial safeguarding checks. A CAFCASS officer will typically contact both parents by telephone and make enquiries with the police and local authority to identify any safeguarding concerns.
CAFCASS will prepare a safeguarding letter for the court summarising their initial findings.
The court will list a First Hearing Dispute Resolution Appointment, usually within four to six weeks of the application being issued. At this hearing:
Many cases settle at or shortly after the FHDRA. The court actively encourages parents to reach agreement wherever possible.
If agreement cannot be reached at the FHDRA, the court may direct further steps, which could include:
The length of proceedings varies considerably depending on the complexity of the case and court availability. Simple cases may conclude within a few months, whilst more complex cases involving safeguarding concerns or expert evidence may take considerably longer.
Once a child arrangements order is made, it is legally binding. The court does not actively monitor compliance, but if one parent fails to follow the order without good reason, the other parent can apply to the court for enforcement.
The court has various powers to deal with breaches, including:
If you have a reasonable excuse for not complying with an order, the court will take this into account. The court’s focus remains on the welfare of the child.
In urgent situations where a child is at immediate risk of harm or abduction, it may be possible to obtain orders without giving notice to the other party. These are sometimes called ‘without notice’ or ‘ex parte’ applications.
Emergency applications may be appropriate where:
Emergency applications can sometimes be heard on the same day they are made. If you believe your child is in immediate danger, you should seek legal advice urgently.
If you or your child’s other parent wishes to relocate abroad with your child, or if there are concerns about international child abduction, specialist legal advice is essential.
Taking a child abroad temporarily:
Relocating permanently:
Child abduction concerns:
The court fee for a child arrangements order application is currently £232. You may be eligible for fee remission if you receive certain benefits or have a low income. Legal costs will depend on how your case proceeds – straightforward cases that settle early will cost considerably less than contested cases that proceed to a final hearing. We offer fixed fees for certain stages of children proceedings and will always be transparent about costs.
Timescales vary significantly. If both parents can reach agreement at an early stage, an order can be made within weeks of the application. Contested cases typically take several months, and complex cases involving safeguarding concerns or expert evidence may take a year or more. The court is required to avoid unnecessary delay, but thoroughness should not be sacrificed for speed where children’s welfare is at stake.
Grandparents do not have an automatic right to apply for a child arrangements order, but they can apply for the court’s permission (known as ‘leave’) to make an application. The court will consider factors including the grandparent’s connection to the child, the nature of the proposed application, and whether granting leave would disrupt the child’s life. In many cases, leave is granted.
There is no specific age at which a child can legally decide where to live. The court will consider the child’s wishes and feelings as part of the welfare checklist, giving them more weight as the child grows older and develops greater understanding. By the teenage years, courts are generally reluctant to make orders that go against a child’s clearly expressed wishes, although the child’s views are never the only factor considered.
Shared care (sometimes called ‘shared residence’) describes arrangements where a child spends significant amounts of time living with both parents, rather than primarily living with one parent and visiting the other. There is no presumption in favour of equal time-sharing in England and Wales – the court will make whatever arrangements are in the child’s best interests based on all the circumstances.
Yes. If your circumstances have changed significantly since the order was made, you can apply to the court to vary (change) the order. You will need to demonstrate that there has been a material change in circumstances and that the proposed variation is in the child’s best interests. Minor disagreements about day-to-day arrangements are unlikely to justify a variation application.
If you have a child arrangements order and the other parent is not complying with it, you can apply to the court for enforcement. If you do not have an order, you may need to apply for one. In either case, we strongly recommend seeking legal advice. It is important not to take matters into your own hands, as this can affect your position in court proceedings.
There is no legal presumption that mothers should have more time with children than fathers. The court’s only concern is the welfare of the child. In practice, the court will consider all the circumstances, including the child’s existing routines and attachments, each parent’s availability, and what arrangements will best meet the child’s needs. Many fathers have child arrangements orders providing for their children to live with them or to spend substantial time with them.
Navigating children disputes can be emotionally draining and legally complex. Having expert guidance can make a significant difference to both the process and the outcome. All our lawyers are specialist family lawyers with many years of experience in all issues relating to children.
Resolution-focused approach
We believe that negotiation and agreement should always be explored before court proceedings. Many children disputes can be resolved through constructive dialogue, saving time, money, and emotional energy. When court proceedings are necessary, we will fight hard for the outcome that serves your children’s best interests.
Cost-conscious service
We understand that legal costs are a significant concern for families going through separation. We offer fixed fees for many children law services and will always provide clear, upfront information about costs. We are committed to providing excellent value without compromising on quality.
Compassionate, client-focused service
We recognise that children matters are rarely just legal issues – they affect every aspect of family life. Our approach is to provide not only expert legal advice but also genuine support during what may be one of the most difficult times you will face.
If you need advice about child arrangements or any other aspect of children law, we offer a fixed fee initial discussion at a reduced rate. For a fee of £250.00 plus vat you will have a consultation of up to one hour with one of our specialist family lawyers to understand your situation and explain how we can help.
During this no-obligation conversation, we will:
