Child arrangement orders play a crucial role in determining the living arrangements and contact arrangements for children when their parents separate or divorce. These orders are legally binding and aim to ensure that the best interests of the child are prioritised. In this blog, we will explore the legality of child arrangement orders in the UK, including their purpose, how they are obtained and the consequences of non-compliance.
- Purpose of Child Arrangement Orders:
Child arrangement orders, formerly known as custody and access orders, are court orders that determine where a child will live and how much time they will spend with each parent. The primary purpose of these orders is to safeguard the welfare and best interests of the child.
- Obtaining a Child Arrangement Order:
To obtain a child arrangement order, an application must be made to the Family Court in England and Wales. The court will consider various factors, including the child’s welfare, the wishes and feelings of the child (depending on their age and maturity) and the ability of each parent to meet the child’s needs.
- Types of Child Arrangement Orders:
There are two types of child arrangement orders:
Residence Order: A residence order determines where the child will live. It can grant sole residence to one parent or shared residence between both parents.
Contact Order: A contact order determines the amount and type of contact the non-resident parent will have with the child. This can include regular visits, overnight stays and other forms of contact.
4. Legal Obligations and Consequences:
Once a child arrangement order is in place, both parents are legally obligated to comply with its terms. Failure to comply with a child arrangement order can have serious consequences, including:
Enforcement: If one parent fails to comply with the order, the other parent can seek enforcement through the court. This may involve seeking a specific issue order or a penal notice, which warns the non-compliant parent of potential penalties for non-compliance.
Variation or Revocation: If circumstances change, either parent can apply to the court to vary or revoke the child arrangement order. This may be necessary if there are significant changes in the child’s needs or if one parent consistently fails to comply with the order.
Contempt of Court: Deliberate and persistent non-compliance with a child arrangement order can be considered contempt of court. This can result in fines, imprisonment or other penalties.
- Mediation and Alternative Dispute Resolution:
Before applying for a child arrangement order, parents are encouraged to consider mediation or alternative dispute resolution methods. These processes aim to help parents reach a mutually acceptable agreement without going to court. However, if an agreement cannot be reached, a child arrangement order may be necessary to provide clarity and legal enforceability.
Child arrangement orders are legally binding court orders that determine the living arrangements and contact arrangements for children when their parents separate or divorce. These orders prioritise the best interests of the child and ensure that both parents fulfil their legal obligations. It is important for parents to understand the legality of child arrangement orders, seek legal advice if needed, and comply with the terms of the order to maintain a healthy and stable environment for their children.
Alexander JLO are one of the country’s leading divorce specialists. With decades of experience we are expert lawyers when it comes to children matters on divorce or separation.
Why not give us a call on 020 7537 7000 or email peter@london-law.co.uk for a free, no obligation quotation and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here