Children and Child Arrangements

When disputes involving children can’t be settled informally, the court has the authority to make court orders to address important issues. The main types of orders are as follows:

Child Arrangements Orders outline where your child will live, who they’ll spend time with, and how they’ll communicate with each parent. They can also include arrangements for indirect contact, such as phone or video calls, and specify how often and for how long these interactions should happen. It is possible for a child arrangements order to provide for a child to live with both parents in two homes – this is known as a shared care order.

Prohibited Steps Orders are designed to prevent one parent from making certain decisions or taking certain steps without the court’s consent. For example, this could include stopping a parent from moving a child to a different area, changing their school, or making other significant choices about their upbringing.

Specific Issue Orders can provide a resolution. These orders can address if parents disagree on a particular aspect of their child’s life – such as which school they should attend. They can also address disputes about medical treatment, changes to a child’s surname, or other key decisions affecting their welfare.

Parental Responsibility gives legal authority over major decisions in a child’s life, including their education, religion, and healthcare. If a parent doesn’t have automatic parental responsibility, they can apply for this order to ensure they’re involved in these critical matters. In certain circumstances, third parties (such as a step-parent or grandparent who the child lives with) can apply for a Parental Responsibility Order.

If a parent wants to take a child out of England and Wales, they need permission from everyone with parental responsibility or a court order. A Child Arrangement Order that states the child lives with you may allow trips of up to one month without additional consent. However, longer trips or permanent relocations require agreement or court approval. If consent is denied, an application for a Specific Issue Order can be made. Alternatively, if there are concerns about unauthorised travel, a Prohibited Steps Order can stop it from happening.

The term ‘custody’ was changed some years ago and ceased to have legal meaning. The courts now grant child arrangements orders which state where a child shall live and how much time they will spend with the other parent. If a child lives with just one parent and spends time with the other parent, they are generally considered the primary carer but the parents will still share parental responsibility for the child.

As above, the term ‘custody’ was changed some years ago and ceased to have legal meaning. But it is possible to obtain a child arrangements order that states that a child lives with both parents in two separate homes. This is known as a shared care order and in effect provides joint ‘custody’ or joint residence. A shared care child arrangements order will usually specify the days and times that the child lives with each parent.  

The removal or termination of parental responsibility is something the court rarely does. Generally for most children, it is considered in their best interests to have a relationship of some sort with both parents. However, in certain limited circumstances, it is possible for a father’s parental responsibility to be removed by a court order.

A mother’s parental responsibility can only be removed by adoption and a father married to a mother at the time of the child’s birth cannot have their parental responsibility removed by court order. In cases where a parent’s parental responsibility cannot be removed by the court, but there are serious concerns about that parent, the court has the power to significantly restrict a parent’s use of their parental responsibility via prohibited steps orders.

If informal agreements have broken down and you’re struggling to see your child, you can apply to the family court for a Child Arrangement Order. This ensures that the arrangements are legally binding and made with your child’s best interests as the priority. It’s not an easy step, but it can be necessary when communication isn’t working. It is a requirement that mediation is considered before any court application is made, unless exemptions apply.

Legal aid is sometimes available, particularly in cases involving domestic abuse or child protection concerns. Our private family law team don’t offer legal aid but if you want to check your eligibility for legal aid you can do so here https://www.gov.uk/check-legal-aid.