Child Arrangement Orders have replaced Residence and Contact Orders. They lay down the court’s decision on such matters as who the child or children will live with and spend time with, where they will go to school, whether they can travel abroad, and who else can be in contact with them. They are valid until a child is sixteen or, exceptionally, eighteen. They are, in other words, extremely important and we are experts in representing all family members to ensure that the Order made by the court is in the best interests first of the child and then of everyone else involved. We can also help when the child’s development and changing needs require amendments to the Order. Note that guardians as well as parents can apply for a Child Arrangement Order and so can anyone meeting the following criteria:

• Any party to a marriage where children form part of their family
• Anyone who has lived with children for not less than three of the last five years. In this case, application must be made to the court within the first three months that the applicant is not living with the child
• Anyone with the consent of all persons holding parental responsibility for the child
• In cases where the child or children is in care, anyone with the Local Authority’s consent In cases where a Child Arrangement Order is currently in place, anyone with the consent of the person with whom the child or children live
• Anyone not meeting these criteria may still ask the court’s permission to apply. In such cases, the following matters will be considered by the court: i) The applicant’s connection to the children, ii) The merit of the applicant’s application, iii) Whether granting the application is likely to cause harm.
• It is also possible for children to ask the court to grant a Child Arrangement Order; in such cases, the court must be satisfied that the children sufficiently understand what their request means and will involve.

Child Arrangement Orders name the person with whom the child or children will livewith and – where appropriate– name other parties (including but not restricted to parents) with whom the child or children will spend time. This can be a simple provision or may extend to a detailed setting out of an annual calendar of contact. Where the application has dealt with this, they will also stipulate where the child or children is to attend school.

A number of problems are frequently met, and we can help with these. They can include children’s day to day needs, how holidays will be spent and a number of other questions. The person with whom the child or children live can take them abroad on holiday for up to a month without seeking the other parent’s consent, but longer periods require the consent of everyone with parental responsibility. Should any of these questions cause dispute, it may be necessary to ask the court for a Specific Issue Order or Prohibited Steps Order.

A Specific Issue Order asks the court for permission for the child or children to engage in a specified activity or, for example, to attend a particular school, while the purpose of a Prohibited Steps Order is to prevent a particular activity or commitment.The court has at its disposal wide ranging sanctions where parties do not comply with these orders, and we can assistwith obtaining compliance and/or having sanctions applied.

Temple Gate Solicitors are specialised in Child Care arrangements and can help you through this process.  To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.