By Rebecca Cresswell, Sweeney Miller
Child arrangement orders are designed to safeguard the welfare of children when their parents separate. These orders specify where a child will live, who they will spend time with, and other important details concerning their upbringing. The aim is always to put the child’s best interests first.
When are Child Arrangement Orders needed?
These orders are commonly sought when parents cannot agree on living and contact arrangements for their children, however, an agreed plan can also be sent to the court for a Judge to approve. The court encourages families to resolve disputes amicably, often recommending mediation before legal proceedings begin. However, if an agreement cannot be reached, either party may apply to the court for a child arrangement order.
The application process
To apply for a child arrangement order, an individual must usually attend a Mediation Information and Assessment Meeting (MIAM) unless exemptions apply. If mediation fails or is not suitable, an application is made to the family court. The court will consider several factors, including the child’s wishes and feelings (depending on their age), the child’s physical, emotional, and educational needs, the capability of each parent, the likely effect of any change in circumstances and any potential risks to the child’s welfare or harm suffered.
After receiving the application, the court may request Cafcass to conduct initial safeguarding checks. Cafcass stands for Children and Family Court Advisory and Support Service. They represent the interests of children and young people in family court cases. If the case is not resolved quickly, the judge may ask for more detailed reports from Cafcass.
The Child-Focused Court Pilot in the North East and North Yorkshire
The family courts have extended the ChildFocused Court pilot across the North East as of 2026 and we will see changes over the course of the year and into 2027. This pilot aims to place the needs, experiences, and welfare of children more clearly at the centre of private family law proceedings.
Under this approach, the court seeks to reduce delay and minimise conflict between parents, recognising that prolonged disputes can have a detrimental impact on children. The process encourages earlier identification of the key issues affecting the child and promotes more efficient case management.
Key features of the Child-Focused Court include:
A greater emphasis on the child’s voice being heard, with consideration given to their wishes and feelings at an early stage
More proactive judicial case management, with fewer but more purposeful hearings
Early engagement with Cafcass or other professionals to identify safeguarding concerns and assess risk
A focus on resolving disputes swiftly, where it is safe and appropriate to do so
The pilot also seeks to ensure that court proceedings are less adversarial and more problem-solving in nature, helping parents to reach arrangements that support their child’s long-term wellbeing.
For families in these regions, the Child-Focused Court represents a shift towards a more streamlined, child-centred process.
After the order is made
Once a child arrangement order is in place, both parties must comply with its terms. Breaching the order can lead to legal consequences, including fines or, in rare cases, imprisonment. Orders can be varied or discharged if circumstances change, but this requires further application to the court.
Conclusion
Child arrangement orders play a vital role in ensuring children are protected and cared for during family separations. Seeking legal advice and exploring mediation are recommended steps for anyone facing difficulties in agreeing arrangements.
Contact our Head of Family, Rebecca Cresswell at Sweeney Miller on Rebecca.cresswell@sweeneymiller.co.uk or