Child arrangement orders
Child Arrangements Orders
What is a Child Arrangements Order?
Child Arrangements Orders replaced Residence and Contact Orders on 22nd April 2014. The new order sets out who a child should live, spend time or otherwise have contact with. you now need to use Form C100 There will be a fee of £215 Unless you are on benefits or on a low income in which case you will need to use form EX160 and send with this a letter proving your entitlement
What about existing residence/contact orders?
Existing residence and contact orders will be treated as child arrangements orders. Bear in mind that if you were a resident parent (including a parent with shared residence) you'll be considered a person with whom the child lives (with the same status/rights as you had as a resident parent), while if you had a contact order, you'll be considered a person with whom the child spends time or otherwise has contact (again, with the same status/rights as existed before the new order was introduced.
How long does the order last?
Until the child is 16, or 18 in exceptional circumstances and where stated in the court order. If you move back in with your ex-partner, the order will cease after a period of 6 months of your living together.
Who can apply for a Child Arrangements Order?
Any parent or guardian of the children can apply.
People who meet any of the following criteria also have the automatic right to apply for contact with their children.
any party to a marriage where the children were a part of their family.
if they lived with the children for at least three years within the last five years, and their application to the Court is made within three months of the children no longer living with them.
if there is a Child Arrangements Order in force, and they have the consent of the person with whom the children legally reside.
if the children are in Local Authority care and they have the consent of the Local Authority.
if they have the consent of each person who holds Parental Responsibility for the children.
For people who don´t meet these criteria, when reaching the decision to grant permission, the Court will consider the merits of their application, their connection with your children and whether granting the order would cause harm to the children.
It is worth noting that your children could also ask the Court´s permission to make a Child Arrangements Order although the Court must be satisfied that they have sufficient understanding to make such a request.
Are there different types of contact?
Yes. There are two types of contact, direct and indirect. Direct contact includes staying contact (overnight), visiting contact, supported and supervised contact (with a third party present). Indirect contact includes contact by phone and via correspondence.
Will an order include times?
Not necessarily. The orders can be general, in terms of just reminding the parent with whom the child lives of their responsibility to "make the child available for contact", or specific, to the extent of specifying dates and times that you can see your children.
Holidays Abroad
If there is a child arrangements order in force and you are named as a person with whom the child spends time or otherwise has contact, you cannot take your children abroad without the consent of the person with whom the child lives or the court.
If you are named in a child arrangements order as a person with whom the child lives, you can take your children abroad for up to a month without anyone else's consent. For longer periods, you need the consent of each holder of parental responsibility for the children, or a court order which grants the court's consent (via a specific issue order).
Changing a child's surname
When a child arrangements order is in force, you cannot change a child's name without the agreement of each holder of parental responsibility, or failing this, the court's consent (via a specific issue order).
Must a parent see the children?
Sadly no. A child arrangements order doesn´t compel a parent to see their children, but places a responsibility on the parent with whom the child lives to make the children available for contact.
What form to apply to Court?
You would use Form C100. See our Form C100 Support Page to download this form and for additional information.
If you have applied for a child arrangements order, and are not seeing your children currently, you may wish to apply for "interim contact". Make sure you include this request in your application (if you are the applicant) or on the C7 form you'll be sent as the respondent.
Applying to court
If you are using a solicitor, they will do this for you. Otherwise, download and complete Form C100. Print and sign three copies of the form.
Check how much the court fees are (see our page on Court Fees), and either take a cheque, postal order or cash for that amount when you go to your local family court.
It will assist both you and the judge if you write a brief Position Statement. Try to keep the position statement to two to three pages, setting out briefly why you are applying for contact, and why you believe it to be in the children´s best interests. Be factual, and try to be objective in what you write, and the language you use.
A position statement is not essential, but it helps inform the judge, briefly and ideally succinctly, why you are applying for the order, and can assist you in court so you do not forget any points you wish to raise.
Before setting off for the court building, ensure you have with you:
Three completed and signed copies of the forms;
The cash, cheque or postal order to pay the court fee;
Three copies of your Position Statement.
Hand in the court forms, fee and position statement to the court´s administration department.