Child Arrangement Orders

Applications for child arrangements orders are usually between private individuals, under s8 Children Act 1989. They are known as private law orders. Where someone seeks an order in respect of a child who is in the care of the local authority it will be considered a public law matter.

In private law cases the child is not a party to the proceedings unless there are particular circumstances that make the case complex. The court can however request a welfare report under s7 Children Act 1989, either from the local authority or from a Children and Family Reporter who is an officer appointed by Cafcass. The report will usually inform the court of the child's wishes and feelings, but the officer will make a recommendation based on what they think is in the child's best interests rather than just report on the child's wishes.

In some circumstances the court may order that the child is made a party to the proceedings.If it considers it is the best interests of the child to do so Then a  Children's Guardian (who again is an officer of Cafcass) is appointed to represent the child in the proceedings and the Guardian will appoint a solicitor. If the child and Guardian do not agree on what recommendations to make to the court and the child is of sufficient age and understanding, they will be able to instruct a solicitor directly to represent their views and the Guardian will present their own views to the court. 

Some people are entitled to apply for child arrangements 

orders; others need the court’s permission first. If you are the 

child’s mother or father you are entitled to apply. You can also 

apply if you are a step parent and you have treated the child 

as your child. A step parent is someone who is married to or

 the civil partner of a parent who has parental responsibility for

 the child. Other people, such as grandparents, will generally 

need the court’s permission to apply for a court order unless

 the child has already lived with them for at least 3 years.

A court which is considering making, varying or discharging a Child Arrangements Orders, including making any directions or conditions which may be attached to such an order, must have regard to the paramountcy principle, the ‘no order’ principle and the welfare check list.