A Guide to Child Arrangement Orders

Jun 30

When parents separate or divorce, one of the most challenging aspects is determining arrangements for their children. While many couples can reach agreements through discussion and compromise, sometimes formal legal intervention becomes necessary. This is where Child Arrangement Orders play a crucial role in protecting children's welfare and establishing clear, legally binding arrangements.

What is a Child Arrangement Order?

A Child Arrangement Order is a court order that regulates with whom a child is to live, spend time, or otherwise have contact, and when these arrangements should occur. These orders are governed by Section 8 of the Children Act 1989 and represent a significant legal framework for protecting children's best interests during family transitions.

Child arrangement orders replaced the previous system of Contact Orders and Residence Orders, though parents who already have older orders don't need to reapply for new ones. Each order is tailored to the specific circumstances of the individual family and focuses primarily on what serves the particular child's best interests, meaning there's no such thing as a 'usual' arrangement.

The court's primary consideration when making any Child Arrangement Order is always the child's welfare. This guiding principle ensures that all decisions prioritise the child's physical, emotional, and educational needs above all other considerations.

Types of Child Arrangement Orders

Understanding the different types of orders available in relation to children is essential for parents navigating this process. There are several distinct categories of orders, each serving specific purposes in child custody arrangements.

Child Arrangement Order (CAO)

A Child Arrangement Order contains two main elements:

"Live With" - This sets out with whom a child is to live. These arrangements specify which parent or guardian the child will live with as their main home base. The arrangements can be quite flexible, potentially allowing children to live with different parents at different times or establishing one primary residence with scheduled time at another location.
"Spend Time With" - This sets out when a child is to spend time with or otherwise have contact with another person. These orders detail when and how frequent visits will occur, where meetings will take place, and what forms of communication are permitted between visits. Contact arrangements might include after-school visits, weekend stays, holiday periods, or less frequent scheduled meetings depending on the family's circumstances.

Specific Issue Orders

Specific issue orders address particular matters relating to a child's upbringing that parents cannot agree upon. These might cover decisions about education (such as school choice or religious instruction), medical treatment, or other significant aspects of the child's development and care.

Prohibited Steps Orders

Prohibited steps orders prevent a parent or guardian from taking specific actions without court permission. Common examples include preventing a parent from removing a child from the country, changing the child's surname, or making certain decisions about the child's upbringing that could significantly impact their welfare or the existing arrangements.

The Application Process

Applying for Child Arrangement Orders involves several structured stages, from initial mediation attempts through to court hearings. The process is designed to encourage resolution while protecting children's interests throughout.

For a full breakdown of how to apply for a Child Arrangement Order in England and Wales, including step-by-step instructions and the documents you’ll need, please see our comprehensive guide.

Changing a Child Arrangement Order

As children grow and family circumstances shift, existing arrangements may no longer meet everyone’s needs. The court recognises this and allows Child Arrangement Orders to be updated through a formal variation process.

When Changes may be Necessary

A change in routine, a move to a new location, or a child’s developing preferences can all be valid reasons to revisit a court order. Significant shifts in either parent’s circumstances, such as a new job, illness, or a change in living arrangements, may also justify a review. Any proposed changes must be shown to support the child’s welfare above all else.

Informal Agreements vs Formal Variations

If both parents agree to a new arrangement, they can follow it without immediately breaching the existing order. However, informal agreements are not legally binding. If the agreement breaks down, the original court order remains enforceable. For lasting clarity and protection, it’s advisable to have any changes legally formalised.

The Variation Process

To formally change a Child Arrangement Order, you’ll need to apply to the court, similar to how the original order was made. The court will assess whether the proposed variation is in the best interests of the child and may involve CAFCASS to gather updated insights, including the child’s wishes and overall wellbeing.

Breaching Child Arrangement Orders

A Child Arrangement Order is legally binding and must be followed by both parents. These orders usually remain in place until the child turns 16 for contact arrangements, or 18 for ‘live with’ arrangements. However, enforcement beyond the age of 16 is rare unless there are exceptional circumstances.

If one party stops complying with the order, such as refusing contact, returning the child late, or ignoring specific terms, it may be necessary to apply to the court for enforcement. The courts take breaches seriously, especially where the child’s wellbeing or legal rights are affected.

International Travel Breaches

The parent named in the ‘live with’ portion of the order can usually take the child abroad for up to 28 days without the other parent’s consent. However, taking the child overseas for longer or relocating permanently without agreement or court permission is a breach of the order. This is treated seriously and may prompt immediate enforcement action.

Name Change Violations

Most Child Arrangement Orders prevent either parent from changing the child’s surname without the consent of everyone with parental responsibility or a court order. Changing a child’s name without proper authorisation is a clear breach and may lead to enforcement proceedings. These rules are in place to preserve the child’s identity and connection with both parents.

What Happens If a Child Arrangement Order Is Breached?

If a parent fails to follow the terms of a Child Arrangement Order, the other can ask the court to intervene. This begins a formal legal process, similar to how the original order was made. The court will schedule a preliminary hearing to consider the reasons for non-compliance and whether CAFCASS should be involved. As always, the child’s best interests remain the court’s primary focus.

Following this hearing, the court will decide whether there has been a breach without a reasonable excuse. If a breach is confirmed, several actions may follow:

● Referral to mediation, where appropriate

● A Contact Enforcement Order

● Fines or other penalties against the non-compliant parent

● Reissuing the original order with new terms or variations

Enforcement aims to ensure that the arrangements continue to serve the child’s welfare while encouraging cooperative parenting.

Enforcement of a Child Arrangement Order

Sadly, not all Child Arrangement Orders are followed as they should be. If you're experiencing difficulties with the other parent not complying with the terms of the order, the first step is to try and resolve the issue directly. A calm conversation can sometimes lead to an agreement without the need to return to court. Mediation can also be a helpful way to reach a resolution in a more constructive, low-conflict environment.

If informal steps aren’t successful, you can apply to the court to enforce the order by submitting Form C79. Enforcement applications are treated as a priority and, where possible, will be listed before the same judge who previously handled the case. A hearing is typically scheduled within 20 working days of the application being submitted.

If the court finds that the order has been breached without a reasonable excuse, it has a range of powers to issue sanctions. These can include unpaid work requirements, curfews, fines, or in extreme cases committal to prison for contempt of court. The court can also involve CAFCASS to monitor compliance and ensure that any enforcement orders are being followed.

Emergency Enforcement Situations

If a child is believed to be at immediate risk or there is an urgent need for enforcement, emergency applications can be made. These are often heard on the same day and may result in interim orders being granted without prior notice to the other parent. A follow-up hearing is then arranged, giving both parties the opportunity to present their case. This fast-track process helps safeguard children while still upholding fairness.

It’s important to remember that the child’s welfare remains the court’s overriding concern. Sanctions are not intended as punishment for the parent, but as a means to ensure the child’s needs are met. The court will not impose a sanction if it would harm the child, such as restricting contact in a way that undermines their well-being or relationship with a parent.

Who Can Apply for a Child Arrangement Order?

While biological parents are the most common applicants, anyone with parental responsibility can apply for a Child Arrangement Order. This includes step-parents, guardians, and other relatives legally responsible for the child’s care.

Others, such as grandparents, may also apply but must first seek the court’s permission to do so. The court’s focus will always be on what arrangement serves the best interests of the child.

Getting Professional Help

Navigating Child Arrangement Orders can be both emotionally and legally challenging, particularly during periods of significant family change. These orders are designed to protect children’s welfare while offering clarity, structure, and stability for all involved. Seeking professional advice from a specialist family law solicitor can make a real difference, ensuring the best possible outcome for your child, while also protecting your rights and interests.

At RJS Family Law, we specialise in helping families navigate this process with clarity and confidence. Our experienced team is here to offer practical, compassionate advice and support you every step of the way.

If you're unsure about your next steps or need support with a Child Arrangement Order, contact RJS Family Law today for expert advice tailored to your family’s needs.

FAQs

Do I need to go to court to get a Child Arrangement Order?
Not always. If both parents agree on the arrangements, there may be no need for a court order. However, if there is a dispute or concern about consistency or safety, a court order provides legal clarity and enforceability.
How does the court decide who the child lives with?
The court’s primary focus is the child’s welfare. It will consider factors such as the child’s age, emotional and physical needs, existing relationships, and the ability of each parent to meet those needs. The child’s wishes may also be taken into account, depending on their age and maturity.
Can a Child Arrangement Order be changed?
Yes, if circumstances change. For example, due to relocation, work schedules, or a child’s evolving needs, either party can apply to the court to vary the order. The court will only agree to changes that are in the child’s best interests.
What happens if one parent breaches the order?
If a parent fails to follow the terms of the order without a reasonable excuse, the other party can apply to the court for enforcement. The court may issue sanctions ranging from fines to enforcement orders and, in serious cases, even imprisonment.
Do I need a solicitor to apply for a Child Arrangement Order?
While it’s possible to apply without legal representation, having an experienced family law solicitor can make the process smoother and less stressful. They can help you understand your rights, prepare your case effectively, and ensure the child’s best interests remain central.

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Rachel McGrath