Child Arrangement Orders

The primary focus is on protecting and furthering the welfare of the children. The law sets out a list of factors which are used to help assess whether a decision is likely to be in a child’s best interests. This is known as the ‘Welfare Checklist’ and includes:

• The wishes and feelings of the child
• Their physical, emotional and educational needs
• The likely effect on the child of any change in circumstances
• The child’s age, sex, background and any other relevant characteristics
• Any harm that the child has suffered or is at risk of suffering
• How capable the adults involved are of meeting the child’s needs

There are three types of order that can be made by the Family Court in relation to children:

• Child arrangements orders – day-to-day living arrangements
• Specific issue orders – discrete disputes (eg which school a child attends)
• Prohibited steps orders – prevent certain actions (eg changing a child’s surname)

Parents, guardians or anyone with parental responsibility can apply for these orders. Other individuals (such as grandparents) may need the court’s permission first.

Parental responsibility refers to the right and responsibility to make decisions about a child and their property.  

All parents will make day-to-day decisions which involve exercising their parental responsibility; for example, what time their children will eat, what time they will go to bed, how much screen time is reasonable and who they will spend time with. Parents can make those decisions with autonomy, i.e. without having to consult the other parent.  

More significant decisions, such as a change of name, change of school or relocation to another area (in the UK or overseas) must be agreed between both parents or, in the absence of an agreement, determined by the court.  

A mother automatically has parental responsibility for her child from birth. A father will automatically have parental responsibility if he is married to the mother at the time of the child’s birth.

If the mother and father are unmarried, the father will only have parental responsibility if he is named on the child’s birth certificate or has obtained parental responsibility through a court order or parental responsibility agreement.  

Same-sex parents who are civil partners will both have parental responsibility. Unmarried same-sex parents can acquire parental responsibility by jointly registering their child’s birth, signing a parental responsibility agreement or by obtaining a child arrangements order. Adoption is another way to gain full parental responsibility. 

Other individuals may also have parental responsibility for a child. This includes anyone who is named as a person with whom a child is to live in a child arrangements order. 

You will need to complete a C100 application form and file this at your local Family Court. We can help you to prepare this form and advise you on what should be included within your application.  

Starting court proceedings is a significant step and can have far-reaching consequences for you, your children and the relationship you have as co-parents. Careful consideration should be given before filing an application at court - there may be another more cost-effective and less hostile way to resolve your dispute. We can help you to assess your options.   

You should prioritise getting prompt legal advice. It may be possible to reduce the pressing nature of your situation without resorting to an application to court. If that’s not possible, you can make a court application on an urgent basis. A Judge will assess the urgency of your application and list a court hearing accordingly.  

In some circumstances, you can make an application to court on a ‘without notice’ basis. This means that a Judge can make interim orders before the other parent is even aware of your application. This can be necessary if there is a significant risk of immediate harm to a child or yourself and there are genuine concerns that knowledge of a court application could encourage a parent to make an unsafe decision, such as removing their child from the country without consent.  

Typically, it may take between 6 to 12 months before a final child arrangements order is in place. However, timescales vary greatly depending on the nature of your application, the level of dispute between you and the other parent, your geographical location and whether any serious safeguarding issues are raised.  

As your children get older and circumstances change (either theirs or your own), it may be necessary to revisit the terms of a child arrangements order. The existing arrangements may no longer be suitable or reflect what is best for your children.  

It is often best to raise any concerns with the other parent first, to see if you can agree to any changes directly. If you find that you cannot agree, it may be that you go through mediation or another ‘out of court’ process to try and resolve your dispute. If you still cannot agree, in most circumstances either parent can apply back to court to vary the terms of the order.