Children

A child arrangements order is a court order that sets out who has responsibility for the care of a child, including who they live with and how often they will see/ have contact with both parents. 
Most commonly used in cases where the parents cannot reach an agreement on how to share the care of their children, the purpose of the order is to ensure that the child’s welfare is the first and foremost consideration. 
Things to consider before applying for a child arrangements order
Before you make an application for a child arrangements order, you should try to agree on the arrangements with the other party.
You can consider preparing a parenting plan; a written statement that both parents sign up to establish the ground rules of shared parenting. 
Mediation can also assist parents in reaching an agreement about arrangements for their children.
If an agreement cannot be reached, then it will be necessary to issue an application for a child arrangements order. 
What is a child arrangements order? What does it mean?
A child arrangements order is a court order that sets out who is responsible for the care of a child. 
It is usually used in cases when the parents cannot agree on how to split care of their children. 
What conditions can a child arrangements order specify?
A child arrangements order can state: 

Who the children live with

Where they live

When and how the children will see both parents

For example, they may spend weeknights in the family home and weekends with their mother/father.
It can also set out other types of contact such as through phone calls, video calls, cards and letters etc.
Who can apply for a child arrangements order?
The following people can apply for an order without prior permission from the court. 

A parent, guardian or special guardian of the child

A spouse or civil partner if the child is part of that family

Someone with parental responsibility 

Someone who already has a residence order for that child

Someone who the child has lived with for more than three years

Grandparents, who do not meet any of the criteria above, have to apply to the court for permission before applying for the order. 
How do I apply for a child arrangements order?
You will need to obtain a signed MIAM* form before you can make an application for a child arrangements order. * MIAM is the Mediation Information and Assessment Meeting.  This is a required step for anyone having a dispute regarding children unless certain exceptions apply such as domestic abuse.
An application for a child arrangements order is made on a C100 form.  This sets out the details of the children and the parties involved.  You will be asked to state which orders you are seeking and why.
You will also need to complete a C1A form if you are alleging harm and domestic violence.
Once you have completed the C100 form, you will need to send it to the court in triplicate along with the court fee which is currently £215, unless you are eligible for a fee exemption.
The application should be sent to the nearest court to where the children concerned in the application live.
Once the court receives your application, it will set a date for everyone involved in the application to have a First Hearing Dispute Resolution Appointment (FHDRA).
The court will send a copy of the application to the other party, and they must complete an acknowledgement form and return it to the court to confirm that they have seen the papers.
Understanding the court process to obtain a child arrangements order 
How long does a child arrangements order last?
Generally, a child arrangements order will expire when the child turns 18 years old unless otherwise stated. 
How much does it cost?
You will need to pay the current court fee of £215 unless you are eligible for a fee exemption and your solicitor’s fees. While you do not need a solicitor to apply for the order, it’s advisable to have professional legal advice from an experienced family lawyer as this area of law can be complicated. 
What do the courts consider when granting a child arrangements order?
First and foremost, the courts will consider what is in the best interests of the child using the welfare checklist, which considers the following:

The wishes and feelings of the child concerned dependent on their age and level of understanding

The child’s physical, emotional and educational needs

The likely effect on the child if circumstances changed as a result of the court’s decision

The child’s age, sex, background and any other characteristics which will be relevant to the court’s decision

Any harm the child has suffered or may be at risk of suffering

The capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs

The powers available to the court in the given proceedings

Is a child arrangements order legally binding?
Yes, this order is legally binding, and if a parent breaches it, they will be in contempt of court which could mean fines, enforcement orders, unpaid work in the community and even imprisonment (although this is extremely rare).
How are child arrangements orders enforced?
Unfortunately, these orders are not always complied with.
If you are experiencing difficulties with a child arrangements order, try to discuss the breach (s) with the other parent in the hope that you can reach an agreement without having to return to court. Meditation can also help here. 
If you have to return to court, an application for enforcement is made on a Form C79. 
Enforcement proceedings must be dealt with without delay and if possible, listed before the judge that dealt with matters previously. A hearing will be listed within 20 working days of the application being issued.
Read more about what happens when a parent breaks a court order. 
Can I stop a child arrangements order?
Circumstances change, and it is not uncommon that a child arrangements order no longer works for the child or the parents, particularly as children get older. 
You can ask the court to vary an order; however, before making an application, it is advisable to look at other methods of negotiation. This could be negotiation via solicitors or mediation. In some cases, where there are older children involved, they too can attend mediation to tell the mediator what it is that they want. 
If this not possible, you will need to complete a C100 application form and explain why you are asking the court to vary the current child arrangements order. 
The court will only vary the order if they consider it to be in the best interests of the child to do so.
However, where possible,  try and stay out of court as it is expensive, time-consuming and upsetting for the whole family.
How can a lawyer help with a child arrangements order?
Taking professional advice from a specialist family lawyer will ensure that you have someone on your side who knows the law and understands how the courts work. 
A family lawyer will help you to understand the likely outcome of the order and help you to change or improve the outcome. 
This is a complex area of the law and going to court is expensive. A family lawyer can help you to negotiate with your ex-partner and hopefully settle the case amicably. 
Get in touch
If you would like any advice on child law, you can find further articles here or please do contact our Client Care Team to speak to one of our specialist children lawyers here. 
This article was originally published on an earlier date and has since been updated.  More

What happens when a parent breaks a court order? When parents cannot decide arrangements for their children once they have separated the court can issue a child arrangements order to clarify a child’s living arrangements. 
This order is legally binding, and if a parent breaches it they will be in contempt of court which could mean fines, enforcement orders and even imprisonment (although this is extremely rare).
If this is happening to you, what legal options do you have? Rachel Fisher from Stowe Family Law in Bristol joins us with advice on what happens when a parent breaks/breaches a court order?
What can I do if my partner breaks or breaches a court order? 
If you are experiencing difficulties with a child arrangements order, including minor or major breaches, it is advisable to keep a diary of these. This means you will have a clear picture of the difficulties you have faced.
Then I would advise my client to try and discuss the breach (s) with the other parent in the hope that they can reach an agreement without having to return to court. The court process can be stressful, timely and expensive. 
Another option is to use mediation as a neutral forum with a third-party to try and resolve the disagreements. 
However, in some cases, it is not possible to discuss or agree on arrangements and therefore, the matters must be returned to the court to enforce the original order.
How do you enforce a court order?

An application for enforcement is made on a Form C79. Enforcement proceedings must be dealt with without delay and if possible, listed before the judge that dealt with matters previously. A hearing will be listed within 20 working days of the application been issued. 

What will the court consider when deciding to enforce an order? 
Once the court receives an application to enforce a child arrangements order, they will consider the following: 

Whether the facts for the alleged non-compliance are agreed or whether it is necessary to conduct a hearing to establish them

The reasons for any non-compliance

The wishes and feelings of the child

Whether any advice is required from Cafcass on the appropriate way forward 

Assess and manage any risks of making further or other child arrangements orders

Whether a separated parents information programme or referral for dispute resolution is appropriate

Whether an enforcement order may be appropriate and

The welfare checklist

What are the penalties for a breaching a court order? 
At the top of all child arrangements order, there is a warning notice that sets out the consequences to both parties about what will happen if they do not comply with the order.
There are several powers available to the court when considering an application to enforce and these are as follows:

Referral of both parents to a separated parents information programme or mediation

Unpaid work requirement of between 40 and 200 hours where the court is satisfied beyond a reasonable doubt that one party has failed to comply with a provision of the order

Committal to prison (in very rare/serious cases)

Changing which party the child or children live with (in very extreme/serious cases)/variation of the child arrangements order to include a more defined order

A fine

An order for compensation for financial loss

A contact enforcement order or suspended enforcement order

Can you get a court order changed?
If circumstances change once a child arrangements order has been made, then it might be necessary to ask the court to vary the order if an agreement cannot be reached between the parents. 
You will need to complete a C100 application form and explain why you are asking the court to vary the current child arrangements order. 
The court will only vary a child arrangements order if they consider it to be in the best interests of the child to do so.
Can court orders be overturned?
It is possible to appeal decisions made by the family court, and I would advise anyone considering this to take legal advice on their individual circumstances.
What can I do if I think my child is at risk? 
If you consider that your child is at risk, then you should seek urgent legal advice on the steps you can take to safeguard your child. 
Depending on your circumstances, it may be necessary to make an urgent application to the court.
Get in touch 
If you would like any advice on what happens when a parent breaks a court order please do contact our Client Care Team to speak to one of our specialist children lawyers here.  More

Luisa Williams, CEO & Founder from My Family Psychologist joins us on the blog with her advice on how to help children reintegrate back into the world post lockdown. 
There is no denying the impact that Covid-19 has had across the nation but it has particularly affected our children. 
From talking to parents and friends, some children have adapted better than others. For some, they have experienced anxiety and a sense of uncertainty, especially when it comes to knowing what is expected of them.  
As lockdown restrictions start to ease up, parents are left wondering how to make children feel as safe and calm as possible. 
It is important that children are supported when entering this ‘new normal’ that the government keep telling us about. It may feel like there is a long way to go until we resume a sense of ‘normality’, however, we need to ask the question:

What we can do as parents to support our children as they take the next steps into their new routines?

Here are some tips on how to help children reintegrate back into the world post lockdown. 
Educate yourself and get yourself up to date with any changes to guidelines before discussing this with your child. 
Get your information from reliable sources. Check with www.gov.uk and the BBC for updates on any guidance. These are updated regularly to help parents ensure that they have all the necessary information.  
Explain to your child about lockdown restrictions and what these mean. Explain that some things may be different and that it is not something that they need to be afraid of. Ask them if they understand and encourage them to ask questions. They don’t need to know everything; just keep it appropriate for the age of the child. 
Reassure them that it is okay to feel worried or anxious. Ask them to keep a diary about how they are feeling or a worry jar where they can put questions in that they may have. This will encourage them to reflect on how they are feeling. Remind them that the rules that are in place are to keep us safe and that ‘now is not forever’.  
Start getting them back into a routine.  
During the lockdown, it is likely that their pre-COVID daily routine has been thrown out of the window and they may be getting up later and going to bed later. Gradually introduce earlier bedtimes and waking up times, especially as they get closer to their school return date. This will encourage a sense of normalcy.  
Start going out for walks or to places where they may see other people so that they get used to being outside of the home environment. Many children may have opted to stay inside during the pandemic so may find it hard to be around people they don’t know. Get your children used to seeing people wearing masks and PPE and encourage them that this what some people are choosing to do in order to keep others safe.  
Give children a choice to pick out a face mask so that they feel like they are wearing something they like. With new rules coming into place about wearing masks when shopping, the idea may feel uncomfortable to children as it can be restrictive.  Check out sites such as www.amazon.co.uk where they have a selection of child-friendly masks to choose from.  
Spend quality time with your children doing something positive.
This will help take a break from any anxieties they may have. This will also give you an opportunity to talk to your child and gives them a safe space to talk if they so wish to.  
Encourage your children in a ‘routine’ of good hygiene. Washing their hands regularly when needed to the point where it becomes second nature rather than a strict regime. This will help make them less afraid and more mindful of looking after themselves. If your child is particularly health-conscious or has health anxiety, get a little pack together for them with things such as hand sanitizer, tissues and pocket wipes.  
Encourage your children to think positively about what they are looking forward to in the future to reinforce a future-focused approach. Discuss what they may want to do in the future or where they may want to go. Make some plans with your child or children.
Get in touch
If you would like more advice on how to help children reintegrate back into the world post lockdown and find that your child or family members are experiencing anxiety post-lockdown and feel that they need some more support, please get in touch with My Family Psychologist and see how we can help. We work with children, parents and families to offer support when it is needed most, especially during these difficult times.  
Visit the My Family Psychologist website here.
Family law advice 
If you would like any family law advice please do contact our Client Care Team to speak to one of our specialist family lawyers here.  More