What is a Child Arrangements Order?
A Child Arrangements Order is a legal decision made by the family court that determines where a child will live, and who they will spend time or have contact with, after their parents or carers separate. This type of order replaces what used to be known as residence and contact orders. It can set out agreed arrangements between parents or, if there is disagreement, the court can decide what is best for the child.
The order can cover a range of practical matters, including who the child lives with on a day-to-day basis, how much time they spend with each parent, and arrangements for visits or overnight stays. It may also set out contact with other important people in the child’s life, such as grandparents or other relatives.
The main focus of a Child Arrangements Order is always the welfare and best interests of the child. The court follows the principles set out in the Children Act 1989, which states that a child’s needs and wellbeing must come first in any decision about their care. Independent organisations like Cafcass may become involved to advise the court on what arrangements will best support the child’s welfare.
To understand how a Child Arrangements Order fits into the wider picture of family law, you can read more about child arrangements and the different options available to families.
Types of Child Arrangements Orders
When the court makes a Child Arrangements Order under section 8 of the Children Act 1989, it can set out different arrangements for a child’s care after parents or carers separate. The two main types of orders are Residence Orders and Contact Orders.
Residence Orders decide where and with whom a child will live. This order gives parental responsibility to the person the child lives with, and can be made in favour of one or more people. For more information about how Residence Orders work and what the court considers, see Residence Orders.
Contact Orders regulate the time a child spends with someone they do not live with, such as the other parent or extended family members. Contact can be direct (face-to-face) or indirect (such as phone calls or video chats). You can learn more about the different forms of contact and how courts approach these arrangements at Contact Orders.
It’s important to know that these orders can be combined or tailored to suit the individual needs of the child. For example, a court may decide that a child lives with both parents at different times, or that they spend regular time with another family member. You can find a clear overview of how a Child Arrangements Order works and what it covers on the Family Separation Support Hub.
Residence Order
A Residence Order was a legal order used to decide where a child should live and who would be responsible for their day-to-day care. While Residence Orders have now been replaced by Child Arrangements Orders under the Children Act 1989, Section 8, the term is still sometimes used, especially in older cases. A Residence Order gave the named person parental responsibility, allowing them to make important decisions about the child’s upbringing. If parents or carers could not agree on living arrangements, they could apply to the Family Court for a Residence Order.
To learn more about how Residence Orders work, how they affect parental responsibility, and the process for applying through the courts, visit our dedicated Residence Order page.
Contact Order
A Contact Order is a type of arrangement made by the family court to set out how a child spends time with a parent or carer they do not live with. It helps ensure that children can maintain important relationships with non-resident parents or other family members following separation. Contact can take several forms, including direct visits, overnight stays, supervised contact (where another adult is present), or indirect contact such as phone calls or letters.
Under the Children Act 1989, the court’s main priority is the child’s welfare, and any contact arrangements must be in the child’s best interests.
To learn more about how contact arrangements work and what to expect, visit our dedicated Contact Order page.
How to Apply for a Child Arrangements Order
Applying for a Child Arrangements Order is a formal process through the courts, designed to help families decide where a child will live, who they will spend time with, or other important arrangements after separation. Before making an application, it’s important to try to reach an agreement with the other parent or carers. Open communication can often resolve issues without the need for court involvement, which is usually in the best interests of the child.
If you’re unable to agree, the next step is usually mediation. A trained, independent mediator will help everyone involved try to reach a solution. In most cases, attending a Mediation Information and Assessment Meeting (MIAM) is required before you can apply to court, unless there are exceptional circumstances such as domestic abuse.
If mediation doesn’t work or isn’t suitable, you can apply to the court for a Child Arrangements Order under the Children Act 1989. Parents, guardians, or anyone with parental responsibility, as well as others with a significant connection to the child (such as grandparents), may be eligible to apply.
The Family Court will consider the child’s welfare as the top priority when making decisions. For a clearer understanding of the court’s role, you can read more about what the Family Court does in these situations.
To learn more about the different types of child arrangements you can apply for, and what might be best for your family, see our dedicated guidance.
Parental Responsibility and Child Arrangements Orders
Parental responsibility is a legal term that refers to the rights, duties, powers, and responsibilities a parent or carer has in relation to a child. It covers important decisions about a child’s upbringing, such as education, medical care, and religious guidance. In the UK, parental responsibility is defined under the Children Act 1989, Section 3, which sets out who can have parental responsibility and what it involves.
Having parental responsibility does not automatically decide where a child lives or who they spend time with. These arrangements are usually set out in a Child Arrangements Order, which is made by the court if parents or carers cannot agree. It’s important to understand that even if both parents have parental responsibility, the court may decide on different living or contact arrangements based on the child’s best interests.
Understanding your parental rights and duties is crucial when making decisions about your child’s care, especially after separation. If you are unsure about your status or how to obtain parental responsibility, you can find more information in Parental Responsibility for Fathers: Who, what and how – Lexology, which explains the process and legal implications in detail.
Changing or Ending a Child Arrangements Order
If your family’s situation changes after a Child Arrangements Order is made, it is possible to ask the court to change (vary) or end (discharge) the order. Common reasons might include a parent moving, changes in a child’s needs, or any other significant shift in circumstances. Either parent, carer, or anyone named in the order can make this request.
The law requires that any changes to a Child Arrangements Order must always put the best interests of the child first. This is the guiding principle in all family court decisions, and organisations like Cafcass may become involved to help the court understand what is best for your child.
To learn more about when and how you can apply for a change or end to an order, and what the process involves, visit our page on the variation or discharge of a Child Arrangements Order.
Enforcing a Child Arrangements Order
If a Child Arrangements Order is not being followed, it’s important to act promptly to protect your child’s best interests. In many cases, parents or carers may first try to resolve disagreements through discussion or by seeking help from a mediator. However, if these steps do not work, you can ask the court to enforce the order.
The court has the power to take a range of actions if someone breaches a Child Arrangements Order, including imposing fines, ordering unpaid work, or even, in rare cases, changing who the child lives with. These decisions are guided by the Children Act 1989, which places the child’s welfare as the top priority.
To understand the steps involved in making an application to the court, what evidence you may need, and the possible outcomes, visit our page on enforcement of Child Arrangements Orders. This resource explains the enforcement process in detail and what you can expect from the court system.
If you are unsure about your options or need support, consider getting legal advice or exploring mediation before taking further action.
Related Legal Orders and Issues
When considering a Child Arrangements Order, it’s important to be aware of other legal orders and issues that may affect your family’s situation. Understanding how these orders work together can help ensure your child’s welfare is fully protected.
One key order is the Emergency Protection Order. This is a court order used when a child is at immediate risk of harm and urgent action is needed to ensure their safety. If you need to apply for this type of order, the process is outlined in the Family Procedure Rules 2010 using the C11 Supplement form. More information on applying for Emergency Protection Orders can be found in official guidance.
Another important issue is child relocation and removal from jurisdiction. If one parent wishes to move a child to a different part of the UK or abroad, there are specific legal steps and permissions required. These cases are often complex and can have a significant impact on existing arrangements.
By understanding these related orders alongside Child Arrangements Orders, you can make informed decisions that prioritise your child’s best interests and comply with UK family law.
Financial Support and Child Arrangements
When parents separate, it’s important to understand how a Child Arrangements Order fits alongside financial support for your child. While the order sets out who the child lives with and spends time with, it does not automatically decide who pays for the child’s financial needs. However, ensuring your child is cared for often goes hand-in-hand with making sure their financial needs are met.
One key form of financial support is Child Benefit, a government payment to help with the cost of raising children. The person the child lives with most of the time is usually the one entitled to claim this benefit. For more on how Child Benefit interacts with care arrangements, see Parenting Plans & Child Arrangements Orders: Maria Scotland & Gemma Lindfield – Lexology.
In addition to Child Benefit, separated parents are typically expected to contribute to their child’s upbringing through child maintenance payments. This is usually arranged privately or through the Child Maintenance Service, depending on circumstances.
Sometimes, financial responsibilities continue even after a child turns 18, especially if they are still in full-time education or have a disability. For more details on these obligations, visit our guide to maintenance for adult children.
Managing both the care arrangements and financial support is essential to ensure your child’s wellbeing. It’s important to keep these responsibilities in mind when making or following a Child Arrangements Order, so that both parents contribute fairly to their child’s future.
Support Services and Resources
When navigating child arrangements after separation, it’s important to know that a range of support services and resources are available to help you and your family. Whether you are seeking guidance on the legal process, dealing with emotional challenges, or need help to ensure your safety and wellbeing, reaching out for support can make a significant difference.
If concerns about safety or domestic abuse are part of your situation, specialist domestic abuse support services can provide confidential advice, safety planning, and practical assistance. These services are designed to help protect you and your children while you work through legal arrangements.
Accessing legal advice is highly recommended, as family law can be complex. A solicitor or legal adviser can explain your rights, help you understand your options, and guide you through the process of applying for a Child Arrangements Order. You can also consider mediation, which is often encouraged by the courts under the Children Act 1989 as a way to resolve disputes amicably without going to court. Counselling and family support services are also available to help parents and children cope with the emotional impact of separation.
For a clear explanation of what a Child Arrangements Order is and how it works, you can visit the Family Separation Support Hub. Taking advantage of these resources can help you make informed decisions and ensure the best outcome for your child.
