A Child Arrangements Order is a court order setting out arrangements about where a child lives, when they spend time with a parent or other person, and whether other forms of contact should take place. It is legally binding and must be followed unless it is changed or discharged by the court or otherwise varied in accordance with the law.

No. Parents can agree child arrangements themselves or use mediation and other forms of dispute resolution. If an agreement is reached and the parents want it to become legally binding, they can consider applying for a consent order.

If you cannot reach an agreement, you may be able to apply to the Family Court for a Child Arrangements Order. Before making an application, you will generally need to attend a MIAM unless an exemption applies

Not necessarily. A Child Arrangements Order can specify where a child lives and when they spend time with each parent. The arrangements depend on the child’s individual circumstances and what is considered to be in their best interests.

The child’s welfare is the court’s paramount consideration. The court may consider factors including the child’s wishes and feelings, physical and emotional needs, the effect of changes in circumstances, relevant characteristics and background, any risk of harm, and each parent’s ability to meet the child’s needs.

Yes. The child’s wishes and feelings can be considered by the court, with appropriate weight given depending on factors such as the child’s age and understanding. The court considers the overall welfare of the child rather than simply following a child’s preference automatically.

A Mediation Information and Assessment Meeting, commonly known as a MIAM, is an initial meeting with an accredited mediator. The mediator explains the mediation process, considers the circumstances of the case and assesses whether mediation or another form of dispute resolution may be suitable. In most cases, attending a MIAM is required before applying to court, although exemptions are available in certain circumstances.

Domestic abuse can be highly relevant to child arrangements. Where there are concerns about domestic abuse, coercion, intimidation or a risk of harm, it is important to obtain appropriate legal advice. Certain circumstances may mean that the usual MIAM requirement does not apply, and the court can consider safeguarding concerns when determining arrangements for a child.

If circumstances have changed, parents may be able to agree a variation and have it formally recorded where appropriate. If an agreement cannot be reached, an application can be made to the court to vary the existing order.

If an existing order is not being followed, you may be able to apply to the court for enforcement. The court will consider the circumstances and may make an enforcement order or another appropriate order. Legal advice should be obtained before taking action, particularly where there are concerns about the child’s welfare or circumstances have changed.

International travel involving a child can raise important legal issues, particularly where parents disagree or there are concerns about removal from the UK. Depending on the circumstances, a Prohibited Steps Order or another appropriate court order may need to be considered. We can advise you on the options available based on your individual circumstances.

If there is an immediate concern about a child’s safety or welfare, or another urgent issue requiring court intervention, we can advise you on the appropriate legal options. Urgent applications may be treated differently from ordinary applications, and certain urgent circumstances can also provide an exemption from the usual MIAM requirement.