Child Law Solicitors

Merriman Solicitors (Incorporating AB Family Law)

Determining the care of children is vital for separating couples. Sometimes, a Child Arrangement Order is necessary to set out responsibilities, living arrangements and contact. At Merriman Solicitors (incorporating AB Family Law), our child custody lawyers are highly experienced at helping families organise and obtain these orders so children are effectively safeguarded.

A Child Arrangement Order can be applied for without prior consent from the court, and any one of the following can make the application: 

• A parent, guardian or special guardian of the child
• A spouse or civil partner (if the child is part of that family)
• Anyone with parental responsibility
• Anyone who already has a residence order for that child
• Someone who the child has lived with for more than three years

Grandparents not meeting any of the above criteria, would need to apply for permission from the court prior to submitting an application. 

What is the process of a Child Arrangement Order in the UK? 

The process of obtaining a Child Arrangement Order follows various steps, of which we will explore in more detail below. Firstly, however, before the application can begin, parties will need evidence that they have attended a mediation session, with the aim to attempt to reach an amicable agreement without beginning the order application process.  If there is still a need to continue with the Child Arrangement Order, the process is generally as follows: 

1. One party will need to complete a C100 form, which can be accessed via the UK government website. This can be printed and sent off, or filled in online. If you employ the services of a child custody lawyer, they will guide you through this process. 
2. A court hearing will be organised whereby both parents will meet with a duty CAFCASS officer. It will likely be discussed whether more mediation is sensible in order to reach a conclusion without progressing towards an order, as it is more beneficial for the child(ren) if a decision is made by the parents, as opposed to a decision set out by the Family Court. Older children may also be asked by the court to express their personal wishes (via a Section 7 report). 
3. Depending on the individual circumstances of the case, an interim contact order may be appointed, setting out conditions until the final order concludes. If a decision amongst the parents has still not been reached, a final hearing will be held. 
4. For the final hearing, the court will ask the parents to each provide a statement that highlights their wishes, alongside any evidence. CAFCASS may also present their recommendations to the court. Based on this, the judge will complete a ruling and issue a court order detailing the specific terms of the Child Arrangement Order. 

This process can be incredibly stressful for everyone involved, which is why we always recommend that parents seek legal advice to help reduce the stress wherever possible. When employing the services of a Child Arrangement Order solicitor, you can rest assured that we will take care of all the applications, paperwork and administrative tasks so you can concentrate on the best outcome for your child(ren). 

How long does a Child Arrangement Order take? 

The length of time it takes to secure a Child Arrangement Order depends on a number of factors. Generally, it is down to the willingness of the parties to reach an agreement, what evidence is required and what propositions are being made. In addition, the timeline may be affected by the availability of the Family Court.

Can I get legal aid for a child arrangement order? 

Whilst it is possible to receive legal aid for the costs of obtaining the order, there are stringent qualifying requirements in place that must be evidenced. Typically, aid is only granted when domestic violence is a concerning factor, and evidence testing will need to be satisfied. 

Breach of a Child Arrangement Order

If one party breaches the arrangement, there are a variety of consequences that the court may choose to impose, with varying levels of severity: 

• The court may issue a warning. 
• The court may impose a fine.
• Unpaid community service may be ordered. 
• A prison sentence may be set by the court. 
• Compensation may be ordered to be paid to the other party if financial loss occurred due to the breach.
• The court may order a change of residence for the child(ren). 
• Asset seizure of the party who breached the arrangement.

How can Merriman Solicitors (incorporating AB Family Law) help?

Organising a Child Arrangement Order can be a difficult time for separating families. If you need support or advice or wish to speak to one of our child custody lawyers about an existing application, please get in contact with our team to arrange a call or meeting, or visit one of our branches: Marlborough, Chippenham or Gloucester.