A Child Arrangements order is made by the family court. Click below to find out more about court rules. Only do this if you can really follow court procedures and rules.
https://www.justice.gov.uk/courts/procedure-rules/family/rules_pd_menu
The Children & Families Act 2014 (CFA 2014) amended the Children Act 1989 . It defines what the law is.
Child Arrangement Orders now replace Residence Order and Contact Order that people often use, including many judges!
Orders now contain the terms ” lives with ” and “spends time with” instead of residence and contact. They essentially do the same thing, say where the children will live and who the6 will see.
To make an application for a Child Arrangement order there are some basic requirements;
- You have Parental Responsibility or are going to ask the court for leave to make an application.
As a father on the birth certificate you have automatic Parental responsibility.
As a married father (married to the mother of the child) you have automatic PR. As a mother then you will have automatic parental responsibility - You must have attended a MIAM or it is not required / exempted.
- Need a completed C100 form ( + C1a if allegations of harm) and court fee of £215 ( unless exempt) to make an application for an order.
We can help you and support your child arrangements application order via the C100 application. If there are allegations of harm, requiring a C1a this will be longer. Or you require a statement in support , then this will take a bit longer.
The C100 application is a long but important form that you must clarify what you are seeking carefully. The form is long but the space for writing your case is very small.
Just text or ring me on 07954790808 and we can discuss starting your child arrangements order application straight away. Click here for how we can help you and here for our fees.https://ourkidfirst.com/ourkidfirst-mckenzie-friend-costs/
You can complete the c100 is either online or in paper. it doesn’t give much room for you to tell the court what is the issue. In fact this is a major issue in the whole processs.
Child Arrangements Orders are very slow. The court system is slow and this is frustrating no matter if you are a mum, dad or guardian.
Many mums and dads find it very difficult to agree on what is best for the child or children when separation takes place. Quite often there is a partial or complete destruction of trust of each other.
Parents do make allegations about each other. The court then considered these allegations. The court process allows for each parent to say what is important for them and for other professional’s to investigate.
This is usually Cafcass and sometimes the Local Authority depending if there has been any previous involvement with the family in the last 12 months.
Cafcass use risk assessment tools and produce reports for child arrangements orders via the court, letters and addendum reports. It is not always the case that a Cafcass worker will see the child or children with both parents. Parents find this very disappointing and it is usually a resource issue. As there are huge numbers of cases in the court system.
Each area of the country is different and both resources available to the courts and to Cafcass vary from region to region. A Cafcass officer will complete the s.7 report within 12 -14 weeks.
These reports will look at the allegations and concerns of both parents, the needs and wishes of the child or children. The Cafcass officer states how the final child arrangement is achieved , this can be through a stepped order.
Parents do challenge the contents of a s.7 report and it is therefore is necessary to carry out updated reports. A new or updated report is called an addendum report.
Parents and the court try and resolve or at least reduce the issues through Dispute Resolution Appointments. These hearings provide opportunities for a child arrangements order to be agreed. Other times they cannot be and the case moves towards a contested final hearing.
The court identifies additional evidence that needs to be collected. Cases which look clear cut become complicated and require additional evidence.
In these cases the courts need expert evidence, disclosures of documents from other agencies. Or they need to establish a factual matrix before considering any child arrangements order. Documents from the police, health or social services can take along time to obtain. These can be upto 10 weeks to secure and can also delay the case.
This can lead to lengthy delays and frustrating experiences for families. It can impact on children’s wellbeing and their relationship with both parents. Senior judges known as Recorders will manage more complex cases.
A bench of magistrates or deputy district judges or district judge will hear most cases.. Unless the case is very serious or complex. The courts will review the allocation of judge and make appropriate directions for a child arrangements order as necessary.
It is helpful to have support through all stages of these applications. They are both emotional and there is very little time for litigants in person to talk.