It can be a stressful time when dealing with divorce or separation, but adding children to the mix can make things all the more difficult.
Parents and children can suffer when decisions can’t be made regarding how a child’s custody will be shared. This is why knowing how a child arrangement order works is crucial, especially if you find yourself in a tense situation regarding child custody.
In this article, we’re going to be looking at what exactly a child arrangement order is and the ins and outs of how they function.
Child arrangement orders: everything you need to know
A child arrangement order is a specific order from the UK courts regarding the contact and living arrangements for a child or multiple children. These orders usually only come into play when parents cannot decide certain aspects of child custody among themselves after a separation.
Child arrangement orders cover situations such as which parent the child will reside with, how much contact each parent will have, and when the contact will take place. Some other scenarios that a child arrangement order might cover include the following:
- Whether the child will have set video or telephone contact.
- Specific arrangements for when the child is handed back to the parent they live with.
- If special occasions and holidays will be split and how they will be split if so.
- Travel arrangements.
- Special or unique arrangements, such as arrangements that take into account a disability or a child with special needs
Is there a set structure for a child arrangement order?
There is no set template for a child arrangement order. Each order is different, as they cater specifically to the needs of the family.
Orders also take into account the most stable, safe, and secure options for the child. Despite the lack of a particular structure, the child’s best interests will always be the main priority when it comes to the specifics of any child arrangement order.
How are child arrangement orders governed?
Although there is no particular structure for a child arrangement order, they are still official court orders governed by UK legislation. These orders are governed specifically through Section 8 of the Children Act 1989. This act is one of many that make up the UK Public General Acts.
Breaching a child arrangement order
A child arrangement order can be breached if one of the parties involved doesn’t abide by the agreed terms. An example of a breach would be one parent not returning the child to the other parent at the agreed time.
Some breaches are more complex than others, especially if they fall under the category of reasonable excuses. An example of a reasonable excuse would be if a travel situation has made it impossible for the child to be returned on time. These kinds of issues can usually be dealt with personally by the parents and don’t call for further investigation or legal ramifications.
Breaches that are more serious and can’t be settled with communication between both parties can lead to more severe problems. A warning notice to the guilty party will usually be the first course of action. If warnings are not adhered to, more serious legal ramifications can be put in place, such as the offending party being taken to court.
A court appearance can then lead to the said party being found guilty of contempt for the child arrangement order. This can in turn lead to sanctions, including community service, fines, or even imprisonment.
Get expert legal advice for a child arrangement order with Osbourne Pinner
If you find that you are struggling with organising a child arrangement order, then look no further than Osbourne Pinner Solicitors.
Our friendly team of knowledgeable divorce and family solicitors are ready to help you through the entire process of your child arrangement order. Whether you’re struggling to communicate with the other parental figure or just need some help navigating the basics, Osbourne Pinner has plenty of experience and dedicated specialists guaranteed to make life easier for you and your child.
Contact Osbourne Pinner today and get a free consultation from child arrangement order solicitors via Zoom or face to face at our offices at Piccadilly Circus, Harrow or Canary Wharf. To get started, call 0203 983 5080, email us at [email protected] or use this form. Whether you’re based in Belgravia, Ealing or Oxford Circus, we’re here to help.
