What is a Child Arrangement Order?

When your relationship breaks down, one of the most important factors to consider is how this will affect your children.  For example, where will they live and what time will they spend with each parent?

How can arrangements be agreed?

It is always best to first speak with the other parent to try and agree arrangements. Try to focus on how the children will be feeling and what arrangements will cause the least disruption to their regular routines. It would be sensible to record any agreements in writing, whether that be by text message, email or within a parenting app so that you both have a copy.  

Who are CAFCASS?

CAFCASS represent the interests of children and young people in the family court. They independently advise the family courts about what is safe for children and in their best interests focussing on their needs, wishes and feeling and making sure that children’s voices are heard and are at the heart of the family court’s thinking and decision making. 

Helpful guidance and help and support can also be obtained on the CAFCASS website.  
https://www.cafcass.gov.uk/parent-carer-or-family-member/information-and-resources-parents

What if arrangements cannot be agreed?

If arrangements cannot be agreed, then if it is appropriate in your circumstances, you should attend family mediation for a Mediation Information Assessment Meeting (MIAM). An independent and impartial third party can help you discuss the issues and possibly help you reach an amicable solution.

However, if neither of these options are successful, then you may want to instruct a legal representative to write to the other parent as one last attempt to keep matters out of court. If this does not result in the desired outcome however, then a court application to determine this issue may be necessary.

Do I have to go to mediation before issuing a court application?

Please note it is now mandatory to attend a MIAM (unless you meet certain exemption criteria) and obtain a certificate confirming your attendance (or exemption) before you can make an application to the court. An application to court should be the final course of action and the process of applying to court can take several weeks to complete. Once an application has been made to the court, there will be a series of gate-keeping and allocation appointments, and depending on the complexity of the issues which are raised the matter could be resolved at the first hearing or could take several hearings.