Child Arrangement Orders Solicitors

Question 1

Can a Child Arrangement Order be changed?

Answer

Yes. If circumstances change, for example, as children grow older, parents move, or work patterns change, it may be appropriate to vary a Child Arrangement Order. Parents can agree on changes between themselves, and if these are working well, there may be no need to return to court. If agreement is not possible, an application to vary the order can be made. The court will again consider the child’s welfare and whether the existing arrangements remain in their best interests.

Question 2

Do I need a solicitor for a Child Arrangement Order?

Answer

Parents are not legally required to instruct a solicitor, but specialist advice is strongly recommended if there are disagreements about arrangements, safeguarding concerns, or court proceedings. A children’s law solicitor can explain your options, negotiate on your behalf, prepare court documents, and represent you at hearings. Legal advice is particularly important where there are allegations of harm, proposed relocations, or complex shared care arrangements, or where the other parent has instructed a solicitor. Whilst no solicitor can guarantee the outcome, we can give you a realistic sense of possible arrangements based on your circumstances and, issues involved, and what is in the best interests of your children.

Question 3

Do we need a Child Arrangement Order if we agree?

Answer

No. Many separated parents manage their arrangements informally without a court order, and the courts encourage this where it is safe and appropriate. However, some parents prefer to have their agreement recorded more formally, for example, in a Parenting Plan or a Child Arrangement Order by consent, to reduce the risk of future disagreements. If there are concerns about reliability, communication, or safeguarding, or if one parent is not complying with agreed arrangements, a formal order may provide clarity and enforceability.

Question 4

How do safeguarding concerns affect Child Arrangement Orders?

Answer

Where there are allegations of domestic abuse, neglect, substance misuse, or other safeguarding concerns, the court must investigate and manage any risks before making a Child Arrangement Order. This may involve fact‑finding hearings, risk assessments, or work with other agencies. The court can order supervised contact, indirect contact only (such as letters or video calls), or, in serious cases, no contact, depending on what is safe and in the child’s best interests. Addressing safeguarding concerns carefully and transparently is essential to achieving safe, sustainable arrangements.

Question 5

How does the court decide Child Arrangement Orders?

Answer

When the court is asked to make a Child Arrangement Order, the child’s welfare is the court’s paramount consideration. The judge applies the Children Act welfare checklist, which includes the child’s wishes and feelings (in light of age and understanding), their physical, emotional and educational needs, the likely effect of any change, any harm they have suffered or may suffer, and how capable each parent is of meeting their needs. The law starts from the position that, where safe and appropriate, it is usually in a child’s best interests to have a meaningful relationship with both parents. There is no legal presumption of a particular pattern, such as 50/50 care; the arrangements must be tailored to the child’s individual circumstances.

Question 6

How long does it take to get a Child Arrangement Order?

Answer

Timescales vary depending on the court’s workload, the complexity of the case, and whether reports or expert evidence are required. Straightforward cases where parents are close to agreement may be resolved at or soon after the first hearing, which might be within a few months of issuing the application. More complex cases, for example, involving allegations of harm, relocation, or significant communication difficulties, can take longer, often several months and sometimes over a year if multiple hearings and detailed reports are required.

Question 7

How much does advice on Child Arrangement Orders cost?

Answer

We offer a first meeting at a fixed fee of £300 (including VAT), during which we will talk through your situation and give you clear, practical advice. After that meeting, we will explain the likely costs of any ongoing advice or representation, tailored to your needs. The overall cost will depend on things such as how complicated your case is, which solicitor works with you, the process you choose, and whether matters are agreed or decided by the Court. You can find more information about our pricing on our pricing page.

Question 8

What happens if a Child Arrangement Order is breached?

Answer

If a parent does not comply with the terms of a Child Arrangement Order without reasonable excuse, the other parent can apply to the court to enforce the order. The court has a range of powers, including varying the order, making directions to address underlying issues, imposing fines, or, in very serious cases, changing where the child lives. The court will always keep the child’s welfare at the forefront when considering enforcement options, aiming to resolve the problem and restore safe, consistent arrangements.

Question 9

What is a Child Arrangement Order?

Answer

A Child Arrangement Order is a court order that sets out where a child lives, when they spend time with each parent, and how other forms of contact, such as phone or video calls, will take place. It replaces the old concepts of “residence” and “contact” orders and is designed to focus on practical arrangements rather than labels such as “custody” or “access”. Orders can state that a child “lives with” one parent and “spends time with” the other, or that a child “lives with” both parents, with care shared. The terms are flexible and can be tailored to reflect each family’s circumstances.

Question 10

What is the process for applying for a Child Arrangement Order?

Answer

In most cases, before applying to court, a parent must attend a Mediation Information and Assessment Meeting (MIAM) to consider whether mediation or another form of dispute resolution might help. If mediation is not suitable or does not result in agreement, an application is made to the Family Court using the appropriate form and supporting documents. After the application is issued, CAFCASS carries out safeguarding checks and provides initial information to the court. There is then a first hearing where the judge considers the issues, encourages agreement where possible, and may make directions for further evidence, statements, or a CAFCASS report if needed. If agreement is still not reached, the case may proceed to further hearings and ultimately to a final hearing at which the court makes a decision.

Question 11

Will my child have a say in the arrangements?

Answer

The court will consider the child’s wishes and feelings, taking into account their age and understanding. In many cases, CAFCASS or another professional may speak to the child and report their views to the court in a balanced way, ensuring they are not asked to “choose” between parents. Older children’s views are given greater weight, particularly when clearly expressed and consistent, but the court will still consider whether the child’s wishes are in their best interests overall.

Child Arrangement Orders Solicitors

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