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Key takeaways
- 1A Child Arrangements Order decides who a child lives with and when they spend time with each parent.
- 2You will usually need to attend a mediation meeting (MIAM) before applying, unless an exemption applies.
- 3The child's welfare is the court's paramount consideration, judged against a statutory checklist.
When parents separate, agreeing where children will live and how much time they spend with each parent can be painful. Where agreement is not possible, a Child Arrangements Order gives legal certainty.
What is a Child Arrangements Order?
A Child Arrangements Order is made by the Family Court under section 8 of the Children Act 1989. It can decide:
- Who the child lives with (once called custody or residence)
- When and how the child spends time with each parent (once called access or contact)
- Other contact, such as video calls, holidays and school holiday arrangements
Before Applying: the MIAM
In most cases, you must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court, unless an exemption applies (for example, evidence of domestic abuse or urgent child safety concerns).
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How Does the Court Decide?
The child's welfare is the court's paramount consideration. The court applies the statutory welfare checklist, looking at:
- The child's wishes and feelings, in 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
- The child's age, sex, background and any relevant characteristics
- Any harm the child has suffered or is at risk of suffering
- How capable each parent is of meeting the child's needs
- The range of powers available to the court
Prohibited Steps and Specific Issue Orders
Alongside Child Arrangements Orders, the court can make:
- Prohibited Steps Orders: stopping a parent from taking a particular step without consent, such as moving abroad or changing schools.
- Specific Issue Orders: deciding a particular disagreement, such as medical treatment, religious upbringing or a change of surname.
How Temple Gate Solicitors Can Help
Our family law solicitors are experienced in child arrangements disputes. We keep your children's best interests at the centre while making sure your voice as a parent is heard. Contact us to arrange a consultation.
This guide is general information about the law of England and Wales as at 3 October 2024. It is not legal advice, and immigration rules in particular change often. For advice on your own situation, speak to a solicitor.