What a child arrangements order contains in practice, how it works, and what happens if it isn't followed, in England and Wales.
A child arrangements order is a formal court order under section 8 of the Children Act 1989 that sets out where a child lives and who they spend time with. It replaced the older terms "residence order" and "contact order" following changes introduced by the Children and Families Act 2014. In practice, a child arrangements order can vary significantly from case to case: some are brief and straightforward, others are detailed and specific. What they all have in common is that they are legally binding on the parties named in them.
A child arrangements order typically includes:
A "lives with" order designates the child's primary home. It does not affect parental responsibility, which both parents generally retain regardless of the order. A "spends time with" order gives the non-resident parent a court-enforceable right to contact, setting out the terms of that contact. In shared care arrangements, the child may "live with" both parents under a single order.
Not necessarily. Child arrangements orders continue in force until the child reaches 16 in most cases, or 18 in some circumstances. They can be varied at any time if there is a significant change in circumstances, by agreement between the parties recorded as a consent order, or by a further court application. An order made when a child is three may no longer be appropriate when they are eight. Courts expect arrangements to evolve as children grow.
A child arrangements order is a legal order. Failure to comply with it can have serious consequences:
Courts use their enforcement powers seriously but are generally reluctant to imprison a parent where doing so would harm the child. Remedies are calibrated to the circumstances.
All child arrangements orders must by law include a warning notice, setting out the consequences of failing to comply. This is automatic. If you have an order without a warning notice, you can apply for one to be added. The warning notice does not mean enforcement action is inevitable if there's a breach, but it confirms the legal weight of the order.
Generally, you need the consent of everyone with parental responsibility to take a child out of England and Wales, or a court order permitting it. An exception applies if the child "lives with" you under a child arrangements order, in which case you can take the child out of England and Wales for up to 28 days without needing the other party's consent or a court order, under section 13 of the Children Act 1989. Longer absences still require consent or an order.
Going through child arrangements proceedings without a solicitor is difficult, and understanding what an order actually means in day-to-day life is as important as getting one. Access to Justice is built for people in exactly this position, it explains what orders mean and what your rights are under them. Try it free.
Does a child arrangements order affect parental responsibility?
No. A child arrangements order does not change who has parental responsibility. Both parents with parental responsibility retain it regardless of who the child lives with or what the contact arrangements are. The order decides where the child lives and who they spend time with, not who holds the authority to make decisions about their upbringing.
Can the order say that communication between parents must go through a particular method?
Courts can include conditions in child arrangements orders, including requirements about how the parties communicate about the child. Apps specifically designed for co-parenting communication are sometimes referenced in orders where direct communication has proved difficult. These conditions sit alongside the core "lives with" and "spends time with" provisions rather than replacing them.
What is a shared care order?
There is no separate "shared care order" in English law. Shared care is a child arrangements order that states the child "lives with" both parents. The proportion of time doesn't need to be precisely equal for a shared care order to be made. Courts consider a range of arrangements under this heading.
What happens to the order when the child turns 16?
Child arrangements orders generally cease to have effect when a child reaches 16, unless the court specifically orders otherwise in exceptional circumstances. The court can make orders that run until 17 or 18 in certain cases. Orders can also be varied at any point before then if there is a significant change in circumstances.
Can the order be changed if both parents agree?
Yes. If both parents agree to change the arrangements, they can either operate the new arrangement informally, which works fine where there's a level of trust, or have it recorded as a consent order by the court, which makes the new arrangement formally binding.
What is a Prohibited Steps Order and how does it relate to a child arrangements order?
A Prohibited Steps Order prevents a parent from taking a specific action in relation to the child without the court's permission, such as removing the child from the country or changing their school. It is a separate type of order from a child arrangements order but may be made alongside one where specific risks need to be addressed.
This article provides legal information about child arrangements proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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