FAQ: Resolving the arrangements for a child

Q: What can I do to resolve the arrangements for a child?

A: Parents should try to agree the arrangements for a child amicably. If this is not possible, the options include:-

• A third party, such as a family member, communicating between parents;
• Solicitors writing to the other parent with proposals;
• Mediation.

The above options are always preferred but if agreement cannot be reached amicably, it may be necessary for a parent to issue court proceedings in the family court.

Q: What type of order do I ask the family court to make?

A: The family courts can make a range of orders in relation to a child. Typically, family courts make a Child Arrangement Order, which outlines who the child lives with and spends time with. The court will consider whether conditions such as supervised, supported or whether contact should be limited to indirect contact by way of letters/cards/gifts.

Q: Can I make an application to the family court straight away?

A: The family courts expect parents to try to resolve the arrangements for a child prior to any court proceedings being issued. The family courts usually require a parent to provide evidence that mediation has been attempted, called a Mediation Information Assessment Meeting (MIAM) form.

Exemptions can apply in cases of domestic abuse, child abuse or the application needs to be dealt with urgently. The family courts have strict criteria in determining whether an urgent hearing should be listed.

Q: How does the family court deal with an application for a Child Arrangement Order?

A: The family courts in many areas across England and Wales deal with applications under the Pathfinder Scheme. The Pathfinder Scheme’s aim is to gather detailed information early in the proceedings including:-

• Each parent or legal guardian’s position and what their concerns are;
• Ensuring a child’s voice is heard and their wishes and feelings are known (depending on their age and level of understanding);
• Details of any domestic/child abuse allegations.
• Information from agencies involved with the family.

Q: How long does Child Arrangement Order proceedings take?

A: Proceedings take approximately 3 months and only involve one hearing, though this can vary depending on the case.

Q: When is the right time to instruct solicitors?

A: Early advice helps parents understand their options, and to understand how the family courts make decisions in relation to child arrangements.

When Child Arrangement Order proceedings are issued, the early stages of the case can be crucial. The Pathfinder Scheme only allows limited opportunities for parents to raise their concerns in writing. Early legal guidance is strongly recommended to ensure all concerns are raised at the earliest opportunity.

The Family Courts expect any concerns a parent has about the other parent, or the other parent’s relationship with their child, to be completed on a Form C1A and Response before CAFCASS Cymru complete their report. These forms are reviewed by CAFCASS Cymru as part of their investigations, and their report is filed with the court within 6 weeks.

We set out a flowchart showing the stages of Child Arrangement Order proceedings under the Pathfinder Scheme, which highlights when any Form C1A and Responses should be filed:

Flow Chart Word Doc (002)