Child arrangements orders

Practice notes

Private children proceedings in Scotland

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Karen Gibbons of Harper Macleod LLP 17th Jan

Scottish Law

Practice notes

Child arrangements orders—contact

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

17th Jan

Practice notes

Emergency prohibited steps and child arrangements orders

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Standard orders—private children

This Practice Note provides information about, and access to, private children standard orders issued by the President of the Family Division, Sir...

17th Jan

Practice notes

Permission to apply for a section 8 order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

17th Jan

Practice notes

Child arrangements orders—residence

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

17th Jan

Practice notes

Child arrangements and contact orders—domestic abuse and harm

Child arrangements and contact orders—domestic abuse and harmA substituted Family Procedure Rules 2010 (FPR 2010), FPR 2010, PD 12J (Child...

17th Jan

Practice notes

Enforcing children orders (private law)

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

17th Jan

Practice notes

Child arrangements orders that provide for a child to live with two or more persons who do not live together

Child arrangements orders providing for a child to live with two or more personsSince 22 April 2014 residence and contact orders have been replaced by...

17th Jan

Practice notes

Fact-finding hearings in private children proceedings

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 17th Jan

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

8th Jan

COVID-19

In-house

Q&As

A child arrangements order (CAO) was made in relation to contact. The parties then reconciled and the CAO was not adhered to. They then separated again and contact broke down. Has the original CAO lapsed due to the reconciliation and a fresh application to the court required, or can the original CAO be enforced?

Section 11(5) of the Children Act 1989 (ChA 1989) provides that where a child arrangements order (CAO) has been made with respect to a child, and the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Where a child arrangements order was made with the consent of both parties, can such an order subsequently be varied on the application of one of the parties?

A child arrangements order is defined in section 8 of the Children Act 1989 (ChA 1989) as an order regulating arrangements relating to with whom a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

In proceedings under the Children Act 1989 (ChA 1989) can a Form C1A (Allegations of harm and domestic violence (supplemental information form)) be filed after an application in Form C100 for an order under ChA 1989, s 8 has been issued? If the Form C1A is filed late, and the respondent does not respond to it, can the court draw inferences from that lack of response?

Form C100 is the form on which a party can make an application to the court for a child arrangements order, prohibited steps order or specific issue...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan

Q&As

An application has been made on Form C100 for a specific issue order. Within those proceedings one party wishes to apply for a child arrangements order. Can that application be made on Form C2 and if not, what is the correct form?

Form C100 is the form to be used when a party seeks to commence proceedings for an order under section 8 of the Children Act 1989 (ChA 1989), a...

Produced in partnership with Melissa Harrison of Coram Chambers 8th Jan

Q&As

In private law children proceedings under the Children Act 1989, where the whereabouts of the respondent is unknown to the applicant, can social services be ordered to serve the respondent?

An application for a child arrangements order under section 8 of the Children Act 1989 (ChA 1989) is made using Form C100. In the event that the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

What steps should be taken where a parent with parental responsibility lacks capacity to issue proceedings for a child arrangements order as to contact? If no parent with parental responsibility is able to take care of the child, what steps may be taken by other family members in a private children context in relation to the arrangements for the child?

If a parent lacks the ability themselves to care for their child, then a family member may wish to step in and make an application for a child...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

In private law children proceedings, does the court have power to order a parent to undertake hair strand testing?

It is sadly often the case that in private law children proceedings, a parent seeking contact has, or is alleged to have, a problem with alcohol...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Is the term parental alienation defined in case law and what are the key cases regarding parental alienation? Is there any case law regarding the independence of the Children and Family Court Advisory and Support Service officers when preparing reports under section 7 of the Children Act 1989 looking at allegations of parental alienation?

Where a family relationship involving children breaks down, there are some cases in which extreme, negative behaviour may be displayed by one parent...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Where an interim child contact arrangements order is in place and one of the parties is verbally abusive during contact in breach of a non-molestation order, what steps should be taken if the other party wishes to suspend contact? What applications can be made to the court, and what court form should be used?

This Q&A considers the steps that may be taken by the resident parent in the event that they wish to suspend the contact provided for under an interim...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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