Appointment

Child Arrangements, Prohibited Steps and Specific Issue application

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Child Arrangements

It is important to understand that the court has a ‘no order’ principle, meaning that no order should be made unless there is a reasonable need to grant one. The court expects parties to try and reach an agreement in relation to child arrangements and if necessary and appropriate, attend mediation to assist with this.

In cases where issues arise concerning arrangements for the children, which unfortunately cannot be resolved between parties, then it may be necessary to make an application at Court for a Child Arrangements Order. The purpose of a Child Arrangements Order is to secure a structured arrangement for the children to spend time with the parties.

When an application for a Child Arrangements Order is made then the courts duty is to determine what is in the child/ren’s best interests. It is important to note that there is no “blanket answer”, and all families are different.

When determining arrangements for the children, the Court must consider what is known as the ‘Welfare Checklist’.

The Welfare Checklist - Section 1 Children Act 1989

Among the things that the court must consider are:

  • The wishes and feelings of the child/ren concerned (in light of their age and understanding);
  • The child/ren’s physical, emotional and/or educational needs.
  • The likely effect on the child/ren of any change in his circumstances.
  • The child/ren’s age, sex, background and any characteristics of which the court considers relevant.
  • Any harm which the child/ren have suffered or are at risk of suffering.
  • How capable each party is in meeting the child/ren’s needs.
  • The range of powers available to the court under the Children Act 1989.

The court’s paramount consideration in such proceedings are the child/ren’s welfare and best interests.

The Children Act 1989


Possible applications:

Under the Children Act 1989, It is possible to apply for one or more of the following orders:
  • An application to spend time with a child/ren.
  • An application that a child lives with the parent making the application.
  • A specific issue order, e.g. that a child is known by a particular name; is educated at a specific school.
  • A prohibited steps order e.g. that the other parent may not take the child/ren abroad without the written consent of the other parent.

    • The Court will always consider what is in the child/ren’s best interests when deciding whether to grant an order.

    The Court Process in Children Act proceedings.


    When an application is made, the Court will review the application, issue the application and then assign the Children and Family Court Advisory and Support Service, more commonly known as CAFCASS, to carry out a safeguarding check. What this means in practice, is that CAFCASS will carry out some checks as to whether the child/ren are known to Social Services or whether any party has a criminal record / any convictions.

    Once the Application is issued, the Court will list a First Hearing Dispute Resolution Appointment (FHDRA). This hearing will provide all parties with the opportunity to voice their position. After hearing from the parties, the Court will grant a directions order setting out the future conduct of the matter.

    Depending on the outstanding disputes, the court may list the matter for a review hearing (i.e. to assess progress over a defined period of time), a Fact-Finding Hearing (which is sometimes relevant if there are allegations of domestic abuse) or a Final Contested Hearing (usually where it is highly unlikely that parties are going to reach a mutual agreement). Should the matter be listed for a Final Hearing, then the Court will assess evidence from all parties and grant a final order.

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