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Child Arrangement Orders

What Is a Child Arrangements Order?

A child arrangements order (“CAO”) is a court order that sets out who has responsibility for the care of a particular child.  It is likely to deal with who the child is to live with and set out the arrangements for how often they will spend time with each parent.  Whilst many separated parents regulate the arrangements for their children directly and with no need for a court order, if the parents are unable to agree then they will need a court order to regulate the position.

 

Related Orders for Decisions About Children

The court can also make a prohibited steps order to prevent a parent or another person taking a particular step in relation to a child or can make a specific issue order which can be used to deal with a specific question, for example where a child is to be educated if there is a dispute.

Proceedings concerning children can be highly emotive and we are experienced in guiding clients through the process with the minimum amount of distress, at all times remembering that at the conclusion of proceedings the parents will still need to work together in future in respect of their child.

How Does the Court Decide Child Arrangements?

When making orders about children the court’s paramount consideration will be the welfare of the child.  There are a list of criteria that the court will also have regard to which are:-

  1. The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);
    b. The child’s physical, emotional and educational needs;
    c.  The likely effect on them of any change in their circumstances;
    d.  The child’s age, sex, background and any characteristics of their which the court considers relevant;
    e.  Any harm which they have suffered or are at risk of suffering;
    f.  How capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs; and
    g.  The range of powers available to the court in the proceedings in question.

How Our Children Law Team Can Help

We have a highly experienced children law team who are adept in navigating such disputes and can offer you guidance and support throughout, including liaising with third party professionals such as Independent Social Workers, doctors, psychiatrists and Cafcass officers.

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Matters involving children require specialist expertise, sensitivity, and a genuine understanding of your situation. At Payne Hicks Beach, our experienced solicitors are dedicated to protecting your children’s interests, your family, and your privacy while working towards the best possible outcome.

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Family Law Solicitors London

Why Choose Payne Hicks Beach for Family Law?

Recognised by Chambers HNW (Band 1) and Legal 500 for specialist expertise in children law, strategic advice, and the handling of high-complexity cases. Our team includes some of the most experienced children law practitioners in England and Wales. In 2024, the firm won Family Law Team of the Year at the Chambers HNW Awards, reflecting the depth and quality of our practice across all areas of family law, including private children work.

Our children law practice spans the full breadth of private children work. We advise on Child Arrangements Orders regulating where a child lives and their time with each parent; Specific Issue Orders resolving disputes about education, medical treatment, or other aspects of a child’s upbringing; and Prohibited Steps Orders preventing one parent from taking action that the other parent opposes. We are experienced in assisting a parent acquire parental responsibility and in domestic and international relocation cases acting for either the relocating parent or the parent wishing to retain the status quo. Our team is also experienced in child abduction proceedings, wardship, special guardianship, child protection, surrogacy, and adoption. We also deal with applications under Schedule 1 of the Children Act 1989 (financial provision for unmarried parents), Whatever the nature of the issue, the child’s welfare remains at the centre of our advice.

We provide a bespoke service with the utmost sensitivity and discretion. Children proceedings are already held in private by default, but we go further, advising clients from the outset on how to minimise the footprint of any dispute. We are experienced in all aspects of non-court dispute resolution, including mediation, arbitration, and private hearings, and we actively explore these routes before any court application is considered. For high-profile clients or those with particular reputational concerns, we can work alongside our colleagues in dispute resolution and privacy law to ensure that any associated proceedings, whether injunctions, confidentiality applications, or media management, are handled as part of a single coordinated strategy. We are committed to ensuring that your family’s privacy is protected throughout.

International children law is one of the most technically demanding areas of family practice, and our team has substantial experience. We act in both Hague and non-Hague Convention child abduction cases, leave to remove applications (where a parent seeks to relocate a child abroad), and wardship proceedings. We have an established network of trusted family lawyers in key jurisdictions and regularly assemble cross-border teams to protect our clients’ positions wherever the dispute arises.

FREQUENTLY ASKED QUESTIONS

No.  Non-urgent medical treatment for a child should be agreed between the parents.  If one parent wants a child to have a medical procedure such as a vaccination and the other parent does not consent then the court should be invited to deal with this question as a specific issue.

A child arrangements order usually lasts until a child is 16 years old, or in exceptional circumstances until they reach the age of 18.

Yes. A person who has lived with the children for 3 out of the last 5 years can make an application for a child arrangements order provided the application is made within three months of the children moving out.

If there is an existing child arrangements order in place then you cannot change a child’s name without the agreement of each person who holds parental responsibility for the child. If that agreement is not given then the court will need to deal with this as a specific issue and consider the relevant checklist of factors.