Child Arrangement Orders

What is a Child Arrangement Order?

Child Arrangements Orders are governed by section 8 of the Children Act 1989. This legislation sets out the guidance for when a child arrangment order may be necessary. This includes arranging: 

• who a child is to live with, spend time with or otherwise have contact with

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

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This could include arranging shared living arrangements or contact arrangements between two parents who are no longer together. Each child arrangement order is unique and decided on the circumstances of the individual family circumstances. The Courts will always favour what is in the best interests of that particular child. This means that there is no standard child arrangement order to follow. 

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What happens when a Child Arrangement Order is breached?

Where the terms of the Child Arrangement Order are not kept, what happens next will depend on the circumstances of the case. Most commonly, if all parties involved are in agreement about any changes, it would not be a breach of the order to depart from its terms. However, it should be noted that these changes should be temporary and are not legally binding unless the order is formally varied by the Court. This means that when the informal agreement ends, the parties will have to revert back to the original order.

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Usually, the Courts will not monitor Child Arrangement Orders in detail once they have been granted. Therefore any breaches would not be acknowledged unless a formal application for enforcement is made. An Enforcement Order is typically only made by the Court where there is evidence beyond reasonable doubt that one of the parties has failed to comply with the terms of the agreement. This means that it must be shown that there was deliberate attempt from one of the parties to deter from the Child Arrangement Order or breach the terms. The outcome of an Enforcement Order can differ but may include sanctions including warnings, fines, community service or in the most extreme circumstances, prison sentences may be considered. 

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How long is a Child Arrangement Order in force for?

The terms of a Child Arrangement remain legally binding until the child reaches 16 years old, unless otherwise stated. Once the child turns 16, they will be able to decide how much contact they would like to have with the parent they do not live with. This is in accordance with section 91(10) of the Children Act 1989.

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Family Solicitors for Child Arrangement Orders

Our family law solicitors are completely understanding and compassionate about the wellbeing of your children and will assist you in a similar manner to assist you with the possible arrangement for your children in the future. It can often be difficult to agree on the best way forward with your ex-partner and in these situations, we can offer the advice you need to deal with the issues raised. We provide professional advice at all stages which are tailored to your particular needs.