Child Arrangement Orders in Gloucestershire

July 16, 2025

A Complete Guide to Child Arrangement Orders in Gloucestershire

Separation and divorce bring many challenges, but few are as emotionally complex as determining arrangements for your children. If you’re a parent in Gloucestershire facing these decisions, understanding child arrangement orders is crucial for protecting both your parental rights and your child’s wellbeing.

Child arrangement orders provide a legal framework that outlines where your children will live, how much time they’ll spend with each parent, and other essential aspects of their care. While these court orders offer certainty and structure, they’re typically considered when voluntary agreements between parents haven’t been successful.

This comprehensive guide will help you understand everything you need to know about child arrangement orders, your rights as a parent, and the legal processes involved. Whether you’re just beginning to explore your options or are already navigating legal proceedings, having this knowledge will empower you to make informed decisions that prioritise your child’s best interests.

Understanding Child Arrangement Orders

What Are Child Arrangement Orders?

Child arrangement orders are court orders that specify the practical arrangements for your child’s care following separation or divorce. These orders replaced the previous system of residence and contact orders, creating a more flexible approach to post-separation parenting arrangements.

These legal documents can determine:

• Where your child will live (previously known as residence)
• When your child will spend time with each parent
• What type of contact the non-resident parent will have
• Specific arrangements for holidays, birthdays, and special occasions
• Communication methods between parent and child
• Specific arrangements for handovers between the parents

When Are Child Arrangement Orders Necessary?

Child arrangement orders are typically sought when parents cannot reach voluntary agreements about their children’s care. Common situations include:

• Disagreements about living arrangements
• Disputes over contact time and frequency
• Concerns about a parent’s ability to care for the child
• Cases involving domestic abuse where court intervention is necessary
• International relocation disputes
• Situations where one parent is preventing contact

It’s important to note that these orders are generally considered a last resort. The family courts encourage parents to reach amicable agreements through mediation and other non-confrontational methods whenever possible.

If a Court does not deem an order to be necessary, consideration will be given to the ‘no order principle’. This is effectively the Court confirming to parties that making no order at all would be in the welfare of the children.

The Legal Framework: Child Arrangement Orders and Parental Responsibility

Understanding Parental Responsibility

Before exploring child arrangement orders further, it’s essential to understand parental responsibility. This legal concept encompasses the rights, duties, powers, and authority that parents have while raising their children.

Parental responsibility includes:

• Providing a safe home for your child
• Protecting and maintaining your child’s wellbeing
• Making decisions about discipline and guidance
• Choosing and arranging your child’s education
• Consenting to medical treatment
• Deciding on your child’s name and any changes to it

All mothers automatically have parental responsibility. Fathers have parental responsibility if they’re married to the mother at the time of the child’s birth or if their name appears on the birth certificate (for children born after 1 December 2003). Unmarried fathers not on the birth certificate can acquire parental responsibility through various legal routes.

How Child Arrangement Orders Interact with Parental Responsibility

Having a child arrangement order doesn’t automatically grant parental responsibility. However, if you don’t have parental responsibility and successfully apply for a child arrangement order stating that your child should live with you, the court will also grant you parental responsibility.

This distinction is crucial because parental responsibility affects your ability to make important decisions about your child’s life, from medical care to education choices.

Types of Child Arrangement Orders

Living Arrangements

Child arrangement orders can specify various living arrangements depending on your family’s circumstances:

Sole residence: Your child lives primarily with one parent, with the other parent having contact time.

Shared residence: Your child divides their time between both parents’ homes. This doesn’t necessarily mean equal time but reflects that both homes are considered the child’s primary residence.

Specific arrangements: The court can make detailed provisions about living arrangements, including which parent the child lives with during school terms versus holidays.

Contact Arrangements

Contact arrangements define how and when the non-resident parent will spend time with their child:

Direct contact: Face-to-face time, including overnight stays, day visits, or holiday periods.

Indirect contact: Phone calls, video calls, letters, emails, or text messages.

Supervised contact: Contact that takes place under supervision, typically used when there are safety concerns.

No contact: In exceptional circumstances where contact would be harmful to the child’s welfare.

The Court Process: Applying for Child Arrangement Orders

Before You Apply

The family courts expect parents to attempt resolution through alternative methods before applying for court orders. You may need to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation could resolve your disputes.

However, you may be exempt from this requirement if:

• There’s evidence of domestic abuse
• The case is urgent
• You live in a different country from the other parent
• The other parent has already applied to court

Making Your Application

To apply for a child arrangement order, you’ll need to:

1. Complete Form C100: This application form provides details about your family situation and what you’re asking the court to decide.
2. Pay the court fee: Currently £263, though you may be eligible for fee remission based on your financial circumstances.
3. Serve documents: You must ensure the other parent receives copies of your application and supporting documents.
4. Attend court hearings: The court will schedule hearings to consider your case and make decisions.

What the Court Considers

When making decisions about child arrangement orders, the court’s primary concern is your child’s welfare. They’ll use the welfare checklist, which includes:

• Your child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• Your child’s age, sex, background, and characteristics
• Any harm your child has suffered or is at risk of suffering
• How capable each parent is of meeting your child’s needs
• The range of powers available to the court

The court will also consider the “no order principle” – they won’t make an order unless it’s better for your child than making no order at all.

Alternative Approaches to Child Arrangement Orders

Voluntary Agreements and Parenting Plans

Many families find that voluntary agreements work better than court orders. These arrangements offer flexibility and can be tailored to your family’s specific needs without the stress and expense of court proceedings.

A parenting plan is a written document that outlines how you’ll share care of your children. While not legally binding, it provides clarity and can be referred to if disputes arise. Parenting plans can include:

• Living arrangements and contact schedules
• Holiday and special occasion arrangements
• Decision-making responsibilities
• Communication methods
• Financial arrangements
• Procedures for resolving future disputes

Mediation and Collaborative Approaches

Family mediation involves working with a neutral third party to help you reach agreements about your children’s care. This approach is often less stressful and more cost-effective than court proceedings.

Benefits of mediation include:

• Maintaining control over decisions rather than having them imposed by a court
• Preserving relationships and communication channels
• Reducing conflict and stress for children
• Quicker resolution than court proceedings
• Lower costs than litigation

Consent Orders

If you reach a voluntary agreement, you can apply for a consent order to make it legally binding. This gives you the security of a court order while maintaining the cooperative approach that helped you reach the agreement.

Specific Issue Orders and Prohibited Steps Orders

Specific Issue Orders

Sometimes parents agree on general arrangements but disagree on specific aspects of their child’s upbringing. Specific issue orders can resolve disputes about:

• Which school your child should attend
• Medical treatment decisions
• Religious upbringing
• Surname changes
• Holiday arrangements
• Relocation within the UK

Prohibited Steps Orders

These orders prevent a parent from taking specific actions without court permission. They might be used to:

• Prevent a parent from removing the child from the UK
• Stop a parent from enrolling the child in a particular school
• Prevent a parent from making medical decisions
• Restrict a parent from involving the child in certain activities

Enforcing Child Arrangement Orders

When Orders Aren’t Followed

Unfortunately, not all parents comply with child arrangement orders. If your former partner isn’t following the order, you have several options:

Informal resolution: Sometimes discussing the problem directly or through solicitors can resolve the issue.

Return to court: You can apply to the court for enforcement. The court has various powers, including:

• Issuing warnings
• Imposing fines
• Ordering community service
• Changing the existing order
• In extreme cases, imprisonment

Mediation: Even after a court order is made, mediation can help resolve ongoing disputes.

Preventing Breaches

To minimise the risk of breaches:

• Ensure orders are clear and prescriptive in relation to the arrangements
• Include provisions for flexibility where appropriate
• Maintain open communication channels
• Keep detailed records of compliance or non-compliance
• Address concerns promptly rather than letting them escalate

Supporting Your Children Through the Process

Minimising the Impact on Children

Child arrangement proceedings can be stressful for children. Here are ways to protect their wellbeing:

• Keep adult conversations about legal matters private
• Maintain consistency in routines where possible
• Reassure children that the situation isn’t their fault
• Encourage children to express their feelings
• Consider professional counselling support if needed

Children’s Views and Wishes

The court will consider your child’s views and wishes, with greater weight given to older children’s opinions. However, the court recognises that children shouldn’t bear the responsibility of making these decisions.

For younger children, the court may appoint a Cafcass officer to represent their interests and report back to the court about their needs and wishes.

Financial Considerations

Legal Costs

Child arrangement proceedings can be expensive. Costs may include:

• Court fees
• Solicitor fees
• Expert witness fees
• Travel expenses for court appearances

At Tayntons Solicitors, we offer an initial consultation of up to 45 minutes for a fixed fee of £75 + VAT, providing transparency about costs from the outset. Book your consultation here. 

Legal Aid

Legal aid for private family law matters is limited but may be available if:

• You’re a victim of domestic abuse
• Your child is at risk of abuse
• You cannot afford legal representation

Child Maintenance

Child arrangement orders don’t typically include financial support arrangements. Child maintenance is usually handled separately through:

• Voluntary agreements between parents
• The Child Maintenance Service
• Court orders (in limited circumstances)

Working with Experienced Child Law Solicitors

Why Choose Specialist Child Law Solicitors?

Child law is a complex and sensitive area requiring specialist expertise. When choosing legal representation, consider:

• Law Society accreditation in children law
• Experience with similar cases
• Approach to dispute resolution
• Communication style and availability
• Understanding of local court procedures

Get in touch with our child law solicitors in Gloucester

Looking for legal advice and support with Child Arrangement Orders in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire? Rated as ‘Excellent’ on ReviewSolicitors, we bring local expertise you can trust to help with your Child Arrangement Order in Gloucestershire.