When separated parents are unable to agree arrangements for their children the court may make a child arrangements order. But how long does a child arrangement order last in the UK?
A child arrangements order is an order regulating arrangements relating to any of the following:
(a) with whom a child is to live, spend time or otherwise have contact, and
(b) when a child is to live, spend time or otherwise have contact with any person.
Essentially, there are two elements to child arrangements orders: the ‘live with’ element, stating with whom the child should live (which could be with more than one person, for example where the child is to share their time between the parents), and the ‘contact’ element, stating what contact the child should have with anyone else.
A typical child arrangements order might state residence with one parent and visitation with the other..
The difference between the elements answers the question: how long does a child arrangement order last in the UK?
A child arrangements order ends when the child turns eighteen, as they’re no longer considered a child.
However, the contact element of a child arrangements order will cease when the child reaches the age of sixteen, unless the court states that it should last longer, which it will only do if there are exceptional circumstances.
Thus, the law is essentially saying that when a child reaches the age of sixteen it will be up to them (save where there are exceptional circumstances) to decide what contact they should have with the parent with whom they don’t live.
Meanwhile, the ‘live with’ element of a child arrangements order will continue until the child reaches the age of eighteen. However, the court may not make even a ‘live with’ child arrangements order in relation to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional, and would in any event be very reluctant to enforce a ‘live with’ order after the child has reached sixteen, save in exceptional circumstances.
A recent High Court case provides an insight into how all of this may work in practice.
The case concerned a father’s contact with his son, who was then aged fifteen.
The father had contact with the child, but was it in the child’s best interests for the contact to continue?
The mother argued that no order for contact should be made, based on the child’s wishes and feelings, whilst the father contended that it was in the child’s best interests that an order be made to last until he was aged eighteen.
For the contact order to extend beyond the child’s sixteenth birthday, exceptional circumstances needed to be demonstrated to the court.
The judge hearing the case referred to guidance which appeared to link the making of an order to run after the child’s sixteenth birthday to where the child has cognitive or learning difficulties, and stated that examples were to be found in previous cases where the child was particularly immature and needed that protection.
The father argued exceptional circumstances, alleging long-term manipulation by the mother, leading the child to refuse contact.
The judge acknowledged the mother’s manipulation but prioritized the child’s wishes, deeming it best for his well-being. She also could not envisage how an order could be made to work from the age of sixteen onwards, saying that it would be futile to force him to continue to see his father against his wishes.
Accordingly, she made an order that the contact should only continue until the boy’s sixteenth birthday.
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On the face of it, a child arrangements order is quite simple: it states with which parent(s) the child should live and, if with only one, what contact the child should have with the other parent.
But there can be much more to child arrangements orders.
Here we look a little more closely at what exactly a child arrangements order is, and what it can include, apart from simply setting out living and contact arrangements.
The starting point is the statutory definition in the Children Act 1989 for a child arrangements order.
The Act states:
“child arrangements order” means an order regulating arrangements relating to any of the following—
(b) when a child is to live, spend time or otherwise have contact with any person”
Note firstly that the definition is not limited to parents. A child arrangements order can also be made in relation to someone else, such as a grandparent.
Courts can order a child to live with multiple people, like splitting time between parents, without any restrictions.
Another point to note from the definition is the reference to spending time or otherwise having contact. What is the difference between the two?
‘Spend time’ means direct face-to-face contact between the child and the individual, including daytime or overnight visits.
‘Otherwise have contact’ refers to other types of indirect contact, such as video call, telephone, messaging, letters, email, and so on. It can also include such things as the sending of school reports and medical information by the parent with whom the child lives to the other parent.
Contact can also be supervised or unsupervised. Supervised contact will be ordered where the court is not sure that it would be safe for the child to spend time solely in the care of one person, so it orders that it should be supervised by a trustworthy person, such as a relative or the staff at a contact centre (see below).
A child arrangements order may also include directions and conditions.
These can include such things as where children should be ‘handed over’ at the start and end of direct contact; who may be present when the handover takes place; who should supervise the contact; and how the parties may communicate between themselves.
Conditions may include prohibiting alcohol or non-prescribed drugs for a set period before or during the child’s visitation.
The court may order contact at a child contact centre if it deems it beneficial for the child’s welfare.
In such cases the court order will state the name of the contact centre, who will provide the centre with a copy of the order, who will complete the contact centre referral form, and who will pay any costs charged by the centre. It will specify who brings the child to the centre and if they can be present during the contact session.
Centre staff may support or supervise the contact, aiding its smooth progress or observing and providing reports on the session.
Lastly, a child arrangements order may also contain ‘activity directions’ or ‘activity conditions’, requiring a person to take part in an activity that would, in the opinion of the court, “help to establish, maintain or improve the involvement in the life of the child concerned of that individual, or another individual who is a party to the proceedings.”
Activities may include such things as parenting classes, and programmes to address violent behaviour.
For more information about child arrangements, and the services we offer, see this page.
A child arrangements order is an order setting out with whom a child will live and what contact a person, usually a parent, will have with the child.
Child arrangements orders are usually made because the parents are not able to sort out arrangements for their children between themselves, and need to have the court sort them out for them.
But sadly parents don’t always adhere to the terms of child arrangements orders.
There are various ways in which an order may be breached.
The order may say the child lives with one parent but the visiting parent refuses to return them.
Or perhaps one parent denies contact with the child, defying the contact order.
Or the breach may relate to a detail in the order, for example a parent with contact not returning the child to the other parent at the set time.
So how do you report a breach of a child arrangement order?
Before doing anything else you should try to discuss the matter with the other parent. There could be a valid reason, and you might solve it through agreement.
It may also be possible to resolve the matter by coming to an agreement through solicitors.
But obviously it is not always possible to resolve the matter by agreement. You can report a breach of a child arrangement order to court by applying to enforce the child arrangements order in such a case.
In the application you will explain how the order has been broken, and ask the court to enforce the order.
You can request compensation for financial losses incurred due to non-compliance, like travel expenses for missed visits.
Before it takes any action, the court will want to know why the order was not complied with. Reasons may exist, or the court may adjust the order to resolve issues.
Without valid reasons, the court can take steps to enforce compliance with the order.
If it is satisfied beyond reasonable doubt that a person has failed to comply with the order without reasonable excuse then the court may make an enforcement order, imposing on the person an unpaid work requirement, of between 40 and 200 hours.
The court may also order compensation to the applicant from the breaching party, as previously mentioned.
And in severe cases, the court can fine or imprison the individual breaching the order.
Another option where there have been persistent breaches of an order by the parent with whom the child lives, and where it is appropriate, is for the court to order that the child move to live with the other parent.
The above is only a very brief introduction to the subject of enforcing child arrangements orders.
If you believe that a child arrangements order has been breached then it is strongly recommended that you seek expert legal advice, at the earliest opportunity. We can provide you with that advice. For more information about child arrangements orders and how to get in touch with us, see this page.
When parents separate they will obviously need to sort out arrangements for where their children will live and what time the children will spend with each parent. Hopefully, they will be able to sort out these arrangements by agreement, but if that is not possible then they may need to ask the court to sort out the arrangements for them. This is done by applying to the court for a child arrangements order.
The power of the court to make child arrangements orders is set out in the Children Act 1989. The Act defines a child arrangements order as “an order regulating arrangements relating to any of the following—
(b) when a child is to live, spend time or otherwise have contact with any person”.
So the order will essentially set out what time the child will spend with each parent.
The order will generally last until the child reaches the age of sixteen.
Note that there is no particular distinction between ‘living’, ‘spending time’ or ‘having contact’ with a parent. Thus the order can be anything from the child spending equal time with each parent, to the child living with one parent and just having occasional contact with the other parent, or even having no contact at all.
And contact can be visiting or staying, direct and/or indirect, unsupervised or supervised.
‘Staying contact’ refers to contact whereby the child stays with that parent overnight, whereas ‘visiting contact’ refers to contact during the daytime, with the child returning to the other parent at night time.
‘Direct contact’ is where the child actually sees that parent, whereas ‘indirect contact’ refers to contact via indirect means, such as letter, telephone, email, text message, and so on. Note that contact can be both direct and indirect, with the child having indirect contact in between direct contact visits.
Lastly, supervised contact is where there are concerns over the parent having direct contact with the child, so the contact visits are supervised by someone trustworthy, for example a relative, or a supervisor at a child contact centre.
So now that we know what a child arrangements order is, the next question is: how does the court decide what order to make?
The overriding principle is that the child’s welfare is be the court’s ‘paramount consideration’. In other words, the court’s decision will be what it considers is best for the welfare of the child.
The court presumes it’s best for the child’s welfare that both parents are involved, unless proven otherwise.
To determine the child’s welfare, the court considers a ‘welfare checklist,’ prioritizing factors crucial for their best interests. These factors include:
1. The ascertainable wishes and feelings of the child concerned, considered in the light of the child’s age and understanding. Thus, generally speaking, the older the child the greater weight the court will give to the child’s wishes. And there can come a point with an older child when their wishes will actually determine the outcome.
2. The child’s physical, emotional and educational needs. It may be that the child has some special needs, and that one of the parents is best suited to meet those needs.
3. The likely effect on the child of any change in their circumstances. Thus, for example, if the child is living with one parent and the court is considering making an order that they should move to live with the other parent then obviously that move court have a serious effect (good or bad) upon the child.
4. The child’s age, sex, background and any of their characteristics which the court considers relevant. These days the sex of the child is less likely to be relevant to the outcome of the case, but such things as their religious beliefs and particular interests could be.
5. Any harm which the child has suffered, or is at risk of suffering. Obviously, this would have a very significant bearing upon the outcome.
6. Lastly, how capable each of the parents is of meeting the child’s needs. This will cover not just parenting skills, but also practicalities such as work commitments, which obviously could have a bearing on the capability of the parent to meet the child’s needs.
For further information on how we can help, please see our Child Arrangements page.
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