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What Does a Child Arrangements Order Look Like?

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Here you can see the  Child Arrangement Order template.  This order, if made, will determine with whom and where a child shall live, and who often they will spend with thier other parent. The order can also facilitate a joint "lives with" order, which means the child lives with both parents; both parents would be classed as the "resident parent". 

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In the Family Court             Case no: [Case number]

sitting at [Court name]

The Children Act 1989

The child[ren]

[Name of child]                                        [Girl] / [Boy]    [dob dd/mm/yy]

[Name of child]                                        [Girl] / [Boy]    [dob dd/mm/yy]

 

 

ORDER MADE BY [NAME OF JUDGE] SITTING IN PRIVATE AT A FINAL HEARING ON [DATE]

 

The parties and representation:

  1. The applicant is [name], the [relationship to child], [in person], represented by [barrister/solicitor name] [instructed by [solicitor firm name]] whose contact details are [chambers/firm name], [phone number], [email]

The first respondent is [name], the [relationship to child], [in person], represented by [barrister/solicitor name] [instructed by [solicitor firm name]] whose contact details are [chambers/firm name], [phone number], [email]

The second respondent[s] [is] / [are] the child[ren] (by their children’s guardian [guardian name], represented by [barrister/solicitor name] [instructed by [solicitor firm name]] whose contact details are [chambers/firm name], [phone number], [email]

Also present at the hearing: [name(s)]

IMPORTANT NOTICES

 

Confidentiality warning

The names of the child[ren] and the parties are not to be publicly disclosed without the court’s permission.

 

Child arrangements orders warnings

This order includes a child arrangements order (the part of the order setting out living arrangements for a child and about time to be spent or contact with another person). If you do not do what the child arrangements order says you may be made to do unpaid work or pay financial compensation. You may also be held to be in contempt of court and imprisoned or fined, or your assets may be seized.

 

It is a criminal offence to take a child out of the United Kingdom without the consent of everybody with parental responsibility unless the court has given permission.

 

While a child arrangements order is in force in relation to a child nobody may:

  1. cause the child to be known by a new surname
  2. remove the child from the United Kingdom

without the written consent of every person with parental responsibility for the child or leave of the court.

 

However, this does not prevent the removal the child from the United Kingdom by a person named in the child arrangements order as a person with whom the child is to live for a period of less than one month.

 

Special guardianship order warning

It is a criminal offence to take a child out of the United Kingdom without the consent of everybody with parental responsibility unless the court has given permission.

 

While a special guardianship order is in force in relation to a child no person may:

  1. cause the child to be known by a new surname
  2. remove the child from the United Kingdom

without the written consent of every person with parental responsibility for the child or the leave of the court.

However, this does not prevent the removal the child from the United Kingdom by a special guardian for a period of less than three months.

 

Penal notice

To [name of person to whom the penal notice is directed]: If you the within-named [applicant] / [respondent] do not comply with this order you may be held to be in contempt of court and imprisoned or fined, or your assets may be seized.

 

Right to apply

If you were not told about the hearing you may ask the court to reconsider this order. You must do that within seven days of receiving this order by writing to the court and asking the court to reconsider. You must tell the person who applied for the order that you are asking the court to reconsider the order.

 

RECITALS

 

Issues

  1. The parties have agreed that:
  2. the child[ren] will live with [name] [until further order];
  3. the child[ren] will spend time with [name] as follows: [insert];
  4. [insert].
  1. The issues that the court needed to decide were as follows:
  2. with whom the child[ren] should live;
  3. whether they should spend time with the other parent and, if so,
    1. how often;
    2. whether there should be overnight stays and longer stays;
  • whether it should be supervised or supported;
  1. whether it should be limited to indirect contact;

c.       the child[ren]’s education;

d.      the child[ren]’s names;

e.       holidays or travel plans;

f.       proposed relocation by [name] with the child[ren] to [insert].

 

[if domestic abuse is raised as an issue]

Domestic abuse issues

  1. Domestic abuse has been raised as an issue which is likely to be relevant to any decision of the court relating to the welfare of the child[ren].
  1. Notwithstanding the allegations of domestic abuse the court has decided that
  2. a fact-finding hearing is not needed;
  3. a section 7 report is not necessary to safeguard the child[ren]’s interests;
    because [insert reasons].
  1. Although this order is made by consent the court has, before making the order, asked [Cafcass] / [CAFCASS Cymru] to provide an oral report to the court including any advice given by the [Cafcass] / [CAFCASS Cymru] officer to the parties and whether they, or the child[ren], have been referred to any agency, including local authority children’s services. A summary of the oral report is set out in the Schedule to this order.
  1. The child[ren] [and parent] would be at risk of harm if a child arrangements order were made.
  1. The court is satisfied that the arrangements for the child[ren] made by this order, including any contact, protect the safety and wellbeing of the child[ren] and the parent with whom they are living.

Other recitals

  1. The court having heard the oral evidence of [names].
  1. [Other recitals]

THE COURT ORDERS [BY CONSENT] / [SAVE AS TO PARAGRAPHS [PARA NUMBERS]]

Jurisdiction

  1. The court declares it is satisfied it has jurisdiction in relation to the child[ren] based on habitual residence.

Live with order

  1. The child[ren] shall live with [name] [as follows: [insert]].

Contact order

  1. [Name] must make sure that the child[ren] spend[s] time or otherwise [has] / [have] contact with [name] as follows: [insert details].
  1. [Insert other]

Contact directions and conditions

  1. The following conditions apply to contact:
    1. handovers at the start of contact will be at [place] and [name] must [collect] / [deliver] the child[ren];
    2. handovers at the end of contact will be at [place] and [name] must [collect] / [deliver] the child[ren];
    3. handovers at the start and end of contact will be at an agreed public place covered by CCTV cameras [namely [place]];
    4. the parties must ensure that [no other adult] [name] accompanies them to handovers;
    5. any party delayed for a handover must let the other know immediately;
    6. handovers will be facilitated by [name];
    7. communication between the parties must be confined to issues concerning the child[ren] [and must only be by text message/email. The telephone numbers/email addresses of the parties are [insert]];
    8. a ‘contact handover book’ shall be used to note any matters of concern of importance which one party needs to tell the other. The book is to be used solely for communication about contact arrangements and the health and welfare of the child[ren][and must not be used to criticise or verbally abuse the other parent]. The book must be passed from one party to the other at contact handovers and must be brought to court on each occasion the parties attend;
    9. [name] must not drink alcohol or use non-prescribed drugs for 24 hours before, or at any time while, seeing the child[ren];
    10. contact will only take place if [name] provides a negative breathalyser sample at the start of any contact session when requested to do so. The testing kit is to be provided by [name].
    11. the contact is to be supervised at all times by [name].

Contact centre

  1. Such contact is to be [supervised]/ [supported] at the [Name] Contact Centre and the following conditions shall apply:
  2. [name] / [the court] must provide a copy of this order and any injunction order involving the parties to the centre manager as soon as possible and in any event within 2 days;
  3. [name] must complete and submit a referral form to the contact centre;
  4. any rules of the contact centre must be complied with;
  5. the child[ren] must be taken by [name] to the contact centre promptly for the start of each session and collected at the end of each session by [name];
  6. [name] must not enter the contact centre before the contact session is due to start;
  7. [name] must not remain in the same room as the child[ren] during the contact session;
  8. any costs charged by the contact centre must be paid by [name];
  9. both parties are responsible for telling the centre manager when the place is no longer required.

Indirect contact

  1. [Name] shall have indirect contact with the child[ren] by sending them letters, cards, gifts and/or photos no more than once every [fortnight] / [month] starting on [date]. [Name] must make the items sent available for the child[ren] to read or see (reading any letters or cards to the child if the child cannot read for him or herself) and must keep items sent for the child[ren] to access when they wish from time to time. [Name] must encourage the child[ren] to respond to each item sent by way of letter or card in reply. [Name] must copy items sent and keep proof of postage or sending.
  1. [Name] must send to [name] school reports, photographs and any updated medical information relating to the child[ren] [when received] [every [insert frequency]] together with periodic updates as to the child[ren]’s health, welfare and interests.

Specific issue order

  1. [Name] must
    1. return the child[ren] to the care of [name] immediately [upon service of this order];
    2. make sure that the child[ren] attend school at [name of school];
    3. make sure the child[ren] [is] / [are] known by the last name [surname];
    4. deliver the child[ren]’s passport[s] to [name] by [date];
    5. [insert].

Prohibited steps order

  1. [Name] must not
  2. remove the child[ren] from the care of [name] or any person or institution (including any nursery or school) to whom that party has entrusted the child[ren]’s care, nor instruct or encourage anybody else to do so, other than for the purpose of contact agreed in writing or ordered by the court, in which case the child[ren] must be returned promptly at the end of each such contact period;
  3. allow the child[ren] to live at a different address than [address];
  4. remove the child[ren] from their current school;
  5. remove the child[ren] from the United Kingdom;
  6. allow the child[ren] to be known by a different surname than [surname];
  7. [insert].

Costs

  1. [There is no order for costs [save public funding assessment of the costs of any publicly funded party.] / [[Name] shall pay [a contribution of £[amount] towards] [percentage]% of] the costs of [name] [summarily assessed at £[amount]] [subject to detailed assessment] [not to be enforced without an enquiry as to the amount, if any, that [name] (a funded party) can reasonably afford to pay towards those costs.]

Dated [date]

 

SCHEDULE TO ORDER

 

  1. Summary of oral report given by [Cafcass] / [CAFCASS Cymru] concerning advice given to the parties and whether they or the child[ren] have been referred to any agency, including local authority children’s services.

[Summarise report]

  1. Admissions of domestic abuse.

[Name] has made the following admissions in relation to domestic abuse:

  1. [Set out admissions made]

 

 

 

In the Family Court             Case no: [Case number]

sitting at [Court name]

The Children Act 1989

The child[ren]

[Name of child]                                        [Girl] / [Boy]    [dob dd/mm/yy]

[Name of child]                                        [Girl] / [Boy]    [dob dd/mm/yy]

 

 

ORDER MADE BY [NAME OF JUDGE] SITTING IN PRIVATE AT A FINAL HEARING ON [DATE]

 

The parties and representation:

  1. The applicant is [name], the [relationship to child], [in person], represented by [barrister/solicitor name] [instructed by [solicitor firm name]] whose contact details are [chambers/firm name], [phone number], [email]

The first respondent is [name], the [relationship to child], [in person], represented by [barrister/solicitor name] [instructed by [solicitor firm name]] whose contact details are [chambers/firm name], [phone number], [email]

The second respondent[s] [is] / [are] the child[ren] (by their children’s guardian [guardian name], represented by [barrister/solicitor name] [instructed by [solicitor firm name]] whose contact details are [chambers/firm name], [phone number], [email]

Also present at the hearing: [name(s)]

IMPORTANT NOTICES

 

Confidentiality warning

The names of the child[ren] and the parties are not to be publicly disclosed without the court’s permission.

 

Child arrangements orders warnings

This order includes a child arrangements order (the part of the order setting out living arrangements for a child and about time to be spent or contact with another person).  If you do not do what the child arrangements order says you may be made to do unpaid work or pay financial compensation. You may also be held to be in contempt of court and imprisoned or fined, or your assets may be seized.

 

It is a criminal offence to take a child out of the United Kingdom without the consent of everybody with parental responsibility unless the court has given permission.

 

While a child arrangements order is in force in relation to a child nobody may:

  1. cause the child to be known by a new surname
  2. remove the child from the United Kingdom

without the written consent of every person with parental responsibility for the child or leave of the court.

 

However, this does not prevent the removal the child from the United Kingdom by a person named in the child arrangements order as a person with whom the child is to live for a period of less than one month.

 

Special guardianship order warning

It is a criminal offence to take a child out of the United Kingdom without the consent of everybody with parental responsibility unless the court has given permission.

 

While a special guardianship order is in force in relation to a child no person may:

  1. cause the child to be known by a new surname
  2. remove the child from the United Kingdom

without the written consent of every person with parental responsibility for the child or the leave of the court.

However, this does not prevent the removal the child from the United Kingdom by a special guardian for a period of less than three months.

 

Penal notice

To [name of person to whom the penal notice is directed]:  If you the within-named [applicant] / [respondent] do not comply with this order you may be held to be in contempt of court and imprisoned or fined, or your assets may be seized.

 

Right to apply

If you were not told about the hearing you may ask the court to reconsider this order.  You must do that within seven days of receiving this order by writing to the court and asking the court to reconsider.  You must tell the person who applied for the order that you are asking the court to reconsider the order.

 

RECITALS

 

Issues

  1. The parties have agreed that:
  2. the child[ren] will live with [name] [until further order];
  3. the child[ren] will spend time with [name] as follows: [insert];
  4. [insert].
  1. The issues that the court needed to decide were as follows:
  2. with whom the child[ren] should live;
  3. whether they should spend time with the other parent and, if so,
    1. how often;
    2. whether there should be overnight stays and longer stays;
  • whether it should be supervised or supported;
  1. whether it should be limited to indirect contact;

c.       the child[ren]’s education;

d.      the child[ren]’s names;

e.       holidays or travel plans;

f.       proposed relocation by [name] with the child[ren] to [insert].

 

[if domestic abuse is raised as an issue]

Domestic abuse issues

  1. Domestic abuse has been raised as an issue which is likely to be relevant to any decision of the court relating to the welfare of the child[ren].
  1. Notwithstanding the allegations of domestic abuse the court has decided that
  2. a fact-finding hearing is not needed;
  3. a section 7 report is not necessary to safeguard the child[ren]’s interests;
    because [insert reasons].
  1. Although this order is made by consent the court has, before making the order, asked [Cafcass] / [CAFCASS Cymru] to provide an oral report to the court including any advice given by the [Cafcass] / [CAFCASS Cymru] officer to the parties and whether they, or the child[ren], have been referred to any agency, including local authority children’s services. A summary of the oral report is set out in the Schedule to this order.
  1. The child[ren] [and parent] would be at risk of harm if a child arrangements order were made.
  1. The court is satisfied that the arrangements for the child[ren] made by this order, including any contact, protect the safety and wellbeing of the child[ren] and the parent with whom they are living.

Other recitals

  1. The court having heard the oral evidence of [names].
  1. [Other recitals]

THE COURT ORDERS [BY CONSENT] / [SAVE AS TO PARAGRAPHS [PARA NUMBERS]]

Jurisdiction

  1. The court declares it is satisfied it has jurisdiction in relation to the child[ren] based on habitual residence.

Live with order

  1. The child[ren] shall live with [name] [as follows: [insert]].

Contact order

  1. [Name] must make sure that the child[ren] spend[s] time or otherwise [has] / [have] contact with [name] as follows: [insert details].
  1. [Insert other]

Contact directions and conditions

  1. The following conditions apply to contact:
    1. handovers at the start of contact will be at [place] and [name] must [collect] / [deliver] the child[ren];
    2. handovers at the end of contact will be at [place] and [name] must [collect] / [deliver] the child[ren];
    3. handovers at the start and end of contact will be at an agreed public place covered by CCTV cameras [namely [place]];
    4. the parties must ensure that [no other adult] [name] accompanies them to handovers;
    5. any party delayed for a handover must let the other know immediately;
    6. handovers will be facilitated by [name];
    7. communication between the parties must be confined to issues concerning the child[ren] [and must only be by text message/email. The telephone numbers/email addresses of the parties are [insert]];
    8. a ‘contact handover book’ shall be used to note any matters of concern of importance which one party needs to tell the other. The book is to be used solely for communication about contact arrangements and the health and welfare of the child[ren][and must not be used to criticise or verbally abuse the other parent]. The book must be passed from one party to the other at contact handovers and must be brought to court on each occasion the parties attend;
    9. [name] must not drink alcohol or use non-prescribed drugs for 24 hours before, or at any time while, seeing the child[ren];
    10. contact will only take place if [name] provides a negative breathalyser sample at the start of any contact session when requested to do so. The testing kit is to be provided by [name].
    11. the contact is to be supervised at all times by [name].

Contact centre

  1. Such contact is to be [supervised]/ [supported] at the [Name] Contact Centre and the following conditions shall apply:
  2. [name] / [the court] must provide a copy of this order and any injunction order involving the parties to the centre manager as soon as possible and in any event within 2 days;
  3. [name] must complete and submit a referral form to the contact centre;
  4. any rules of the contact centre must be complied with;
  5. the child[ren] must be taken by [name] to the contact centre promptly for the start of each session and collected at the end of each session by [name];
  6. [name] must not enter the contact centre before the contact session is due to start;
  7. [name] must not remain in the same room as the child[ren] during the contact session;
  8. any costs charged by the contact centre must be paid by [name];
  9. both parties are responsible for telling the centre manager when the place is no longer required.

Indirect contact

  1. [Name] shall have indirect contact with the child[ren] by sending them letters, cards, gifts and/or photos no more than once every [fortnight] / [month] starting on [date]. [Name] must make the items sent available for the child[ren] to read or see (reading any letters or cards to the child if the child cannot read for him or herself) and must keep items sent for the child[ren] to access when they wish from time to time. [Name] must encourage the child[ren] to respond to each item sent by way of letter or card in reply. [Name] must copy items sent and keep proof of postage or sending.
  1. [Name] must send to [name] school reports, photographs and any updated medical information relating to the child[ren] [when received] [every [insert frequency]] together with periodic updates as to the child[ren]’s health, welfare and interests.

Specific issue order

  1. [Name] must
    1. return the child[ren] to the care of [name] immediately [upon service of this order];
    2. make sure that the child[ren] attend school at [name of school];
    3. make sure the child[ren] [is] / [are] known by the last name [surname];
    4. deliver the child[ren]’s passport[s] to [name] by [date];
    5. [insert].

Prohibited steps order

  1. [Name] must not
  2. remove the child[ren] from the care of [name] or any person or institution (including any nursery or school) to whom that party has entrusted the child[ren]’s care, nor instruct or encourage anybody else to do so, other than for the purpose of contact agreed in writing or ordered by the court, in which case the child[ren] must be returned promptly at the end of each such contact period;
  3. allow the child[ren] to live at a different address than [address];
  4. remove the child[ren] from their current school;
  5. remove the child[ren] from the United Kingdom;
  6. allow the child[ren] to be known by a different surname than [surname];
  7. [insert].

Costs

  1. [There is no order for costs [save public funding assessment of the costs of any publicly funded party.] / [[Name] shall pay [a contribution of £[amount] towards] [percentage]% of] the costs of [name] [summarily assessed at £[amount]] [subject to detailed assessment] [not to be enforced without an enquiry as to the amount, if any, that [name] (a funded party) can reasonably afford to pay towards those costs.]

Dated [date]

 

SCHEDULE TO ORDER

 

  1. Summary of oral report given by [Cafcass] / [CAFCASS Cymru] concerning advice given to the parties and whether they or the child[ren] have been referred to any agency, including local authority children’s services.

[Summarise report]

  1. Admissions of domestic abuse.

[Name] has made the following admissions in relation to domestic abuse:

  1. [Set out admissions made]

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