Although child arrangement orders have been around for a while many parents have not heard about them and what they do. Parents still think in terms of custody and contact for their children.
Those terms are long gone although family law solicitors still refer to them as everyone knows what they mean.
In this blog we consider what a child arrangement consent order is and why you may need one.
For children and family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.
What is a child arrangement order?
A child arrangement order is a custody and residence and access and contact order combined into one order. It is the new terminology for parenting arrangements ordered by the court when parents split up and want a court order specifying the parent or parents the child will live with and the contact arrangements.
A child arrangement order is very flexible and can say that a child:
- Lives with one parent and has contact with the other parent, including overnight weekend contact and holiday contact
- Lives with both parents under a shared or joint parenting arrangement
- Lives with a family member, such as an aunt or grandparent
- Has indirect contact with a parent, such as cards or presents
- Has supervised contact with a parent. For example, the contact takes place at a family contact centre or is monitored by a family member, such as a grandparent
How is a child arrangement order made?
A child arrangement order can be made by agreement, with both parents inviting the court to make the order. Alternatively, if agreement can’t be reached, the court can be asked to decide what type of child arrangement order would best meet your child’s needs.
A contested court application for a child arrangement order can take some time for the court to decide, especially where there are:
- Allegations of parental alienation
- Allegations of domestic violence
- Complex previous children law proceedings or family dynamics
- Allegations of drug or alcohol misuse
- An application to relocate overseas with a child together with the child arrangement order application
In complex contested child arrangement order applications, the court may ask for a report from acourt appointed CAFCASS officer or an expert, such as a child psychologist.
Agreed child arrangement orders
If both parents are agreed on the making of a child arrangement order as they have sorted out the parenting arrangements for their child, the court can be asked to make an order by consent. This means the proceedings are not protracted and there is no need for evidence or experts.
You may question whether there is a need for a child arrangement order if there is agreement but there are a number of scenarios where an agreed child arrangement order, made by consent, is useful:
- There is a history of mistrust
- An order is needed so it can be enforced
- There is a fear of child abduction
- A child arrangement order setting out the agreed residence or contact arrangements will help with a school, immigration or housing application
- A parent is moving to the UK or overseas with their child and a mirror order is needed in case the parent does not comply with the order
- A parent wants to be able to take their child away on holiday abroad and does not want the hassle of getting written agreement or a court order each time. A child arrangement order allows the residential parent to take their child overseas on holiday for a period of up to 4 weeks without needing the other parent’s consent or a court order
There are a whole host of other reasons why you may want to ask the court to make a child arrangement order by consent. Talk to us about your reasons and we will talk you through the process and help you obtain your child arrangement order.
If you need help obtaining a child arrangement order or need children or family law advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.