Child Care

A Child Arrangement Order is a legally binding court decision that sets out:

• Where a child lives or should live;
• When and how they spend time with each parent;
• Other forms of involvement(e.g., phone calls, special occasions)

These orders are used when parents cannot agree on childcare arrangements after separation due to various reasons. One of the most common reasons is domestic abuse. If there has been domestic abuse, the primary carer can refuse any contact between the child(ren) and the non-residing parent. When domestic abuse is raised, the Court will determine whether a fact finding is necessary. Until then, it is possible that the Court does not endorse any direct contact orders. Indirect contact orders may be considered instead depending upon the nature of the allegations.

To note: The Court would not make any orders in relation to children who attain the age of 16 unless there are exceptional circumstances.

Who Can Apply?

✔ Parents (whether married, unmarried, or divorced)
✔ Guardians or special guardians
✔ Step-parents (with court permission)
✔ Grandparents or other relatives (with court permission)

How Does the Court Decide?

The court’s only priority is the child’s best interests, considering:

• The child’swishes and feelings (depending on age/maturity)
• Theirphysical, emotional, and educational needs
• Theimpact of any harm (abuse, neglect, domestic violence)
• Each parent’s ability to meet the child’s needs
• The importance of maintaining a relationship with both parents (where safe)

How to apply?

Depending on the orders you are seeking, we will fill out the appropriate forms and draft the reasons you are asking the Court to make an order. The application will then go through gatekeeping where the court will allocate the matter and make directions (usually without a hearing) for Cafcass to provide safeguarding letter. This means that Cafcass will interview both parties and will conclude whether direct or indirect time with the child is recommended. If not, they will provide their reasons.

What happens if the residing parent raises domestic abuse?

The Court may issue a temporary order to restrict the alleged abuser’s contact with the children. This, again, will depend on the nature of the allegations raised. Cafcass will then conduct the safeguarding checks, and the Court can consider supervised contact or no direct contact until further notice. 

What happens if the allegations raised are serious?

Many non-residing parents tends to refute all allegations at the very outset of proceedings. But this does not mean that the Court will determine whether they are true or untrue at directions hearing. If the allegations are serious by nature (irrespective of their veracity), the Court will allow the other non-residing parent to file their responses to the allegations and may also direct disclosure from the police / children services, GP records and other related agencies. The Court will then list a fact-finding hearing which will merely determine the allegations of domestic abuse. At this stage the Court is not going to look into granting contact with the child(ren). This is usually looked at after the judgment of the fact-finding hearing is provided.

What happens after the fact-finding hearing?

The Court will either provide its judgment orally after the hearing or will provide written judgment to the parties. After the judgment, the court will then issue directions about what should happen after. For example, the parties would be required to provide a statement on their views of the judgment.

The Court will then request for a section 7 report from Cafcass who will then use the Judgment from the fact finding as a starting point for their risk assessment. If findings have been made against the non-residing parent, this will not be a bar to contact but it will depend on the nature of the findings made and the insight of the perpetrator in respect of his past behaviour.

Domestic abuse, even in the past, has a direct impact on the child(ren) and/or primary carer. It is very important to obtain professional advice in order to understand the impact the findings have on the welfare decisions the court has to make.

If the parties do not agree on the way forward, the Court will list a final hearing which will deal with the issue of welfare.