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A child arrangements order is an order decided by the court which regulates who a child is to live with, spend time with and otherwise have contact with. Child arrangement orders are usually needed when the parents of a child or children have separated and cannot come to an agreement about access to the children. However, in some circumstances this is not the case, and sometimes people other than parents make applications such as grandparents, close relatives or other people who have a close relationship with the children.

Child arrangement orders are legislated for in Section 8 of the Children Act 1989. The Court will look at the circumstances of the individual family and is primarily concerned with the best interest of the child. Due to the individual nature of each case the child arrangement order reached will be specific for the individual needs and circumstances of the family and what is in the best interest of the child.

It is possible (and encouraged) for parties to reach an agreement on the arrangements without the need to go to court.

Before applying to court, the parties must usually attend a meeting about mediation also known as a mediation information and assessment meeting (“MIAM”). Attendance at a MIAM is not required if there has been domestic abuse but, in some cases, even if there has been domestic abuse mediators may still be able to help by carrying out what is known as shuttle mediation, meaning that the parties never have to actually come into contact, either in person or online.

After the application has been issued, the court will arrange a directions hearing with both parents. In these directions hearing the judge or magistrate will try to work out between the parties what

• They can agree on
• What they cannot agree on
• If the child is at risk in anyway

The parties will be encouraged by the judge or magistrate to reach an agreement if it is in the child’s best interest. If this is possible and there are no concerns regarding the child’s welfare the judge can end the process.

If an agreement cannot be reached at the directions hearing a timetable will be set for what happens next. A number of things can be asked of the individuals such as to try to reach an agreement again through differing resources such as mediation. The court could also encourage the individuals to attend a parenting course or even order drug or alcohol testing if that is an issue about this.

When making an order the judge or magistrates will have to consider the welfare checklist set out in the Children Act and will consider

• The child’s wishes or feelings (if they are old enough)
• The child’s physical, emotional, and educational needs
• Any effect the changes may have on the child
• The possible risk of harm to the child
• The ability of the parents to meet the child’s needs

A child arrangement order will normally include a number of conditions such as whom the child is to primarily live with, the conditions upon which the child will spend time with the other parent or other individuals with parental responsibility. This can include things such as specific days of the week and how frequently the visits will occur. The order can also include other indirect contact such as phone calls or text messages or even supervised face to face contact.

�ᰮ�Թ� Legal Advice Clinic can advise on child Arrangement Orders. If you would like an appointment, please call 01248 388411 or email us on Bulac@bangor.ac.uk