What are child arrangements?
Making child arrangements refer to the legal and practical arrangements and decisions made regarding the care and upbringing of a child when parents separate or divorce.
Child arrangements primarily focus on two main areas:
- Who the child will live with and where.
- How much time the child spends with each parent.
The term child arrangements replaces what was previously known as Residence and Contact orders.
What are the various forms of living arrangements?
Every family is unique and the type of living arrangements will depend on individual circumstances. Common living arrangements include:
- Shared care – where a child spends time with both parents.
- The child primarily lives with one parent (a Lives With Order) and has regular contact with the other.
- A Birdnesting arrangement where the child stays in one stable home, and each parent spends time with the children and then leaves to live in a separate property elsewhere. This “other place” can be anywhere that is not the “nest”. This could be in a rented flat or with friends or family nearby.
How can we record child arrangements when we separate?
There are various ways to record the arrangements for children when parents’ end their relationship.
Include the agreed arrangements in a Parenting Plan. A plan provides a record of the agreement that both parents can refer back to. There are various online parenting plan tools and apps such as on the CAFCASS website which can be shared with the other parent so you can both make changes to it together.
Alternatively, you could record the terms of the agreed child arrangements in a Separation Agreement.
If you attend mediation, the agreed child arrangements can be included in the Memorandum of Understanding. This is issued by the mediator at the conclusion of your mediation and will contain a summary of everything that you and your ex-partner agreed upon.
If parents cannot agree, they may apply to the court for a Child Arrangement Order.
What is a Child Arrangement Order?
A Child Arrangement Order is a court order that specifies where a child will live, who the child will have contact with, and how long they will spend time with each parent. It can also set out other types of contact such as through phone calls, video calls, cards, and letters etc. This order is used in cases where parents are unable to agree on arrangements for their child following a separation or divorce. This order replaces previous terms like ‘residence orders’ and ‘contact orders ‘.
What is taken into account when making a Child Arrangement Order?
When determining child arrangements, a court will take into account various factors to ensure all aspects of a child’s life are thoroughly considered. These include:
- The child’s wishes and feelings (considering their age and understanding)
- The child’s physical, emotional, and educational needs
- The likely effect of any change in circumstances
- The child’s age, sex, background, and any relevant characteristics
- Any harm the child has suffered or is at risk of suffering.
- The capability of each parent to meet the child’s needs.
How long does a Child Arrangement Order last?
A Child Arrangements Order usually lasts until a child reaches 16 years of age unless the order specifies otherwise. In exceptional circumstances, the order may be extended to last until the child is 18 years old. These may include a risk of harm, abuse, or a vulnerable child.
Any extension of a Child Arrangements Order beyond 16 must be in the best interest of the child.
Either parent can apply to vary a Child Arrangements order before it expires if the arrangements are no longer working or if there are significant changes relating to the child.
Are child arrangements permanent?
Child arrangements are not set in stone and can be modified as circumstances change such as a change in living situations, or as the child grows older.
Child arrangements can also be changed when the current arrangements are not working well for the child, or where one parent is not following the terms of the arrangement.
Parents can either agree to changes informally, or as a last resort apply to the court for modifications to the existing order.
What is a warning notice on a Child Arrangement Order?
A warning notice is a formal notification that outlines the potential penalties and enforcement actions that may be taken by the court if a person fails to comply with the order. The purpose is to ensure parties take their responsibilities seriously, and follow the terms of the Child Arrangement Order. This can include fines, community service, or even imprisonment in severe cases.
What happens if there is a breach of Child Arrangement Order?
The consequences of breaching the Order can be significant. If the order contains a warning notice, it is most likely that the aggrieved parent will apply for a Contact Enforcement Order to enforce the Child Arrangements Order. The court has the following options upon receiving a complaint:
- Enforce the existing order. Penalties for breaching can include fines, unpaid work, payment of financial compensation to the other party, or in serious cases, imprisonment.
- Vary the terms of the existing Child arrangements Order.
- Direct the parties to attend mediation.
- Order the breaching parent to attend a Planning Together for Children Programme. The aim of the programme is to put the needs and best interests of the child first.
Breaching a Child Arrangement Order may also result in the parent being held in contempt of court.
What is a Contact Enforcement Order?
A contact enforcement order is a legal measure taken to ensure that a person complies with the conditions of a Child Arrangement Order. If a party is not complying with the conditions of a Child Arrangement Order, a court may impose punitive measures or enforce the order. The court needs to be satisfied “beyond reasonable doubt” that a person has failed to comply with a provision of the child arrangement order before making an enforcement order.
What should a parenting plan include?
A parenting plan is a crucial document that helps separated or divorced parents establish structure and stability for their child. Every parenting plan will be different according to the family situation and needs. An effective parenting plan should include the following key components:
- Details of living and visiting arrangements. A plan should specify where and who the child lives with, and details of the time a child will spend with each parent.
- How big decisions concerning the child will be made. These can include which school the child will attend, medical matters and religion.
- Rules for communicating with the other parent and child, and how important information will be shared.
- A plan should record financial matters such as agreements as to the payment of child maintenance and other expenses.
- A plan should specify the amount of notice that should be given when booking a holiday, and also how childcare responsibilities will be shared and managed during term breaks?
- Agreements concerning the introduction of new partners, and the involvement of extended family members such as grandparents and extended family.
- Arrangements for special occasions such as birthdays, and other significant events.