How Long Does a Child Arrangements Order Take
June 2023
If you cannot agree on whether your children should live with you or the contact arrangements after your separation or divorce, then you or your ex-partner will need to apply to the court for a child arrangements order.
Many parents are anxious about how long it will take to obtain a child arrangements order, especially if their child is living with their ex-partner or they are being refused contact.
In this article, our family law solicitors explore the factors that can impact the timeline of obtaining a child arrangement order.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Applying for a Child Arrangements Order
You can apply for a child arrangements order if you cannot agree on the parent your child should live with (this used to be referred to as custody or residence) or if you cannot agree on how much time your child should spend with the non-residential parent.
You may also need to apply for a child arrangements order if you are a grandparent, aunt, or other extended family member who is looking after a dependent child or wants to have regular contact, but contact is being refused by one or both parents.
Applying for an Agreed Child Arrangements Order
In some situations, you may have already agreed on the living and contact arrangements for a child, but you now need a child arrangements order. For example:
- A parent wants a child arrangements order confirming that they are the residential parent as the court order allows them to take the child on holiday overseas for up to four weeks at a time without first needing the written permission of the other parent or a court order.
- A grandparent is caring for a child on a long-term basis and wants a child arrangements order as the order will give them parental responsibility for the child for the duration of the order.
A child arrangements order by agreement can be made quite quickly, often at a first court hearing. However, it is not always the case that the court will make an order if matters are agreed since the court has a “no order” principle which means that the court will not make an order for a child if it considers that it will be better for the child to make no order at all. If you have reached an agreement direct with the other parent, we suggest that you contact us to obtain advice specific to your individual circumstances to ascertain whether it would be beneficial to apply to the court convert that agreement into a child arrangements order.
Timeline for Contested Child Arrangement Order Applications
If there is a dispute over the residence or contact arrangements for your child, you will be encouraged to attend family mediation to see if a family mediator can help you reach a compromise.
If you cannot reach an agreement and court proceedings are started, the length of time it will take from the date of your court application and a decision from the court depends on how busy the court is, how many court hearings are required, and whether the issues the court has to decide are considered to be complex.
No two child arrangement order applications are ever the same so if you would like an estimated timeline for a contested child arrangement order application it is best to speak to a specialist family law solicitor for guidance about the timeframe.
Factors Impacting the Timeline for a Child Arrangement Order
Many factors influence the timeframe to obtain a child arrangement order, such as:
- If a CAFCASS report is required - the court can decide to order a report from CAFCASS if there are disputes over the child’s wishes or serious allegations. These reports can take several weeks to obtain.
- If serious allegations are made requiring a finding of fact hearing – serious allegations include domestic violence that impacts parenting arrangements and a child’s safety, or allegations of physical, emotional, or sexual abuse. A court may decide that a separate fact-finding hearing is necessary to determine the truth of the allegations before the court can decide at a final hearing what residence and contact arrangements are in the best interests of a child.
- If expert reports are necessary – the court may conclude that an expert report is necessary. For example, from an adult or child psychologist in a child arrangements order application involving allegations of parental alienation or narcissistic personality disorder.
Where proceedings are complex the timeline to conclude the court application will vary widely on a case-to-case basis. Sometimes the delay in obtaining specialist reports can help a parent as a psychologist may confirm what a parent has feared; that the other parent has engaged in parental alienation.
At Fullers Family Law, our expert team can guide you through the process of obtaining a child arrangements order and provide you with the legal support you need to make the court proceedings as stress-free as possible.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the form below or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
