Child Arrangements Orders: Putting Your Child First

Navigating disputes about your children can be one of the most difficult parts of a family separation. When parents can't agree on where a child should live or who they should spend time with, a Child Arrangements Order can provide a clear, legally binding solution. This order is a vital tool for ensuring a child's well-being and maintaining a stable routine.

My role is to guide and support you through this process, which can often feel overwhelming. I will help you focus on the facts and the legal procedures, so you can make decisions that are in your child's best interests. From the initial stages of mediation to the final hearing, I will be your trusted partner, helping you feel confident and prepared.

This page is designed to help you understand the process, from a Mediation Information and Assessment Meeting (MIAM) to the final court hearing. My goal is to empower you to navigate each step with clarity and confidence, ensuring your voice is heard as you work towards a positive outcome for your family.

What happens and how we can help.

C100 Child Arrangements 


The child arrangements court process in the UK involves several distinct stages, each of which presents an opportunity for a McKenzie Friend to provide assistance. A McKenzie Friend is a layperson who can provide support to a litigant-in-person (someone representing themselves without a solicitor or barrister) in court. They cannot act as an advocate, address the court, or sign documents.

Here's a breakdown of the process and the key "interjection points" for a McKenzie Friend.

  1. Pre-Application Phase

This is the period before any court forms are filed. The focus is on preparing to resolve the dispute, often through out-of-court methods.

  • Overview of Point: The law requires parties to attend a Mediation Information and Assessment Meeting (MIAM) before a court application is made (with some exceptions, such as domestic abuse). The goal is to see if mediation or other forms of alternative dispute resolution can resolve the issue without going to court.
  • Interjection Point: The MIAM. This is a critical early stage where a McKenzie Friend can help a person prepare for the meeting. They can assist with organising thoughts and documents, explaining the purpose of the MIAM, and outlining what to expect from the mediation process. They can also offer moral support and encouragement.
  1. Application and Initial Court Involvement

If mediation is not successful or is deemed unsuitable, the next step is to make a formal application to the court for a Child Arrangements Order.

  • Overview of Point: The applicant files a C100 form, which sets out their request for a court order. The court then issues the application to the other party and notifies the Children and Family Court Advisory and Support Service (CAFCASS). A CAFCASS officer will conduct safeguarding checks and speak with both parents separately.
  • Interjection Point: Filing the C100 form and CAFCASS interview. A McKenzie Friend can help their client complete the C100 form accurately and clearly. They can also assist in preparing for the telephone interview with the CAFCASS officer by helping the client structure their key points and evidence related to the child's welfare.
  1. The First Hearing Dispute Resolution Appointment (FHDRA)

This is the first court hearing, where a judge and a CAFCASS officer will try to help the parents reach an agreement.

  • Overview of Point: The FHDRA's primary purpose is to identify the issues in dispute and see if an agreement can be reached. The CAFCASS officer will present their "Safeguarding Letter," which summarises the outcomes of their checks. The judge will listen to both parties and encourage them to resolve the matter. If an agreement is made, it can be turned into a legally binding court order. If not, the case will be adjourned for further hearings.
  • Interjection Point: The FHDRA hearing. This is where a McKenzie Friend provides direct in-court support. They can sit with their client, take detailed notes of what is said by the judge and the other party, and quietly offer whispered advice on points to raise or questions to ask. Their presence provides moral support in what can be a very stressful environment.
  1. Further Hearings and Fact-Finding

If the case cannot be resolved at the FHDRA, it will proceed to further hearings. This can include a "Fact-Finding Hearing" if there are allegations of domestic abuse or other serious issues that need to be proven or disproven.

  • Overview of Point: In these hearings, the court may order further evidence, such as a full CAFCASS report, statements from witnesses, or expert reports. A Fact-Finding Hearing is specifically designed to determine the truth of specific allegations before the court can decide on the child's arrangements.
  • Interjection Point: Preparing statements and evidence. A McKenzie Friend can help a client with this complex and crucial part of the process. They can assist with organising a court bundle (the collection of all relevant documents) and help their client draft witness statements by discussing what they want to say. This ensures the information is presented in a clear and organised manner, even though the McKenzie Friend cannot draft the legal documents themselves.
  1. Final Hearing

The final hearing is where the judge hears all the evidence and makes a final, legally binding decision on the Child Arrangements Order.

  • Overview of Point: The final hearing is the "trial" of the case. The judge will hear from all parties and any witnesses. After considering all the evidence, including any CAFCASS reports, the judge will make a final order detailing the arrangements for the child.
  • Interjection Point: The Final Hearing. A McKenzie Friend's support is vital here. They can help their client stay focused, follow the judge's directions, and manage the pressure of the courtroom environment. They can continue to take notes and quietly prompt their client on key issues. This final support helps the litigant-in-person present their case as effectively as possible, ensuring their voice is heard before the final decision is made.

C79 Child Arrangements Enforcement: Upholding Your Order

A Child Arrangements Order is a legally binding document, but what happens when a parent doesn't comply with it? A C79 Child Arrangements Enforcement is the formal court process for addressing these breaches. It is a serious step, as the court may impose a penalty on the parent who is in breach. Navigating this process requires clear evidence and a focused approach.

My role as a McKenzie Friend is to provide crucial assistance throughout this process, helping you organize your evidence and stay focused on the facts. From documenting the initial breaches to attending the enforcement hearing, I will be there to support you in upholding the court's order.

Here's a breakdown of the process and the key "interjection points" where I can assist.

1. Pre-Application Phase: Gathering Evidence

Before any application is filed, it is vital to have clear evidence of the breaches of the Child Arrangements Order. The court will not take action without proof.

Overview of Point: You must document every instance where the other parent has failed to comply with the order, noting the date, time, and nature of the breach. This could include missed contact, late drop-offs or pick-ups, or failure to follow specific terms of the order. It is also important to show that you have tried to communicate and resolve the issue with the other parent.

Interjection Point: Documenting the Breaches. I can help you organize this evidence into a clear, chronological log. I can also assist you in drafting a witness statement that focuses only on the facts of the breaches, without including irrelevant emotional details or past relationship history. This ensures your case is presented to the court in a clear and compelling way.

2. The Application and Initial Review

The formal application to the court is made using Form C79. The court will then review the application and determine the next steps.

Overview of Point: The applicant completes Form C79, which details the original order and the specific breaches. The court then serves this application on the other parent. The court's primary goal at this stage is to identify whether the facts of the alleged non-compliance are agreed upon or if a fact-finding hearing is required. The court will also consider the welfare of the child and whether there is a reasonable excuse for the non-compliance.

Interjection Point: Filing the C79 Form. I can help you fill out the form accurately and ensure it is accompanied by all necessary evidence, including a copy of the original order and your detailed statement of breaches. This is a critical administrative step that, if done incorrectly, can lead to delays or the application being rejected.

3. The Enforcement Hearing

The first hearing is focused on the issue of non-compliance and the potential consequences.

Overview of Point: At the hearing, the judge will ask the parent who allegedly breached the order to explain their reasons. The court is looking for a "reasonable excuse" for the non-compliance. The judge may also hear from a CAFCASS officer, who will have conducted safeguarding checks and may provide recommendations. The judge has a range of options, from a simple warning to imposing a penalty.

Interjection Point: The Enforcement Hearing. My support is invaluable at this stage. I can sit with you in court, take notes of the proceedings, and quietly prompt you on key issues. In an enforcement case, it is crucial for you to remain calm and factual. I can help you stay focused and avoid being drawn into an emotional argument. I can also remind you of specific dates and times from your evidence log.

4. Outcome and Penalties

If the court is satisfied that the order has been breached without a reasonable excuse, it can impose various penalties.

Overview of Point: The court must be satisfied "beyond all reasonable doubt" that a breach occurred. If so, it can make an Enforcement Order, which may require the offending parent to perform unpaid work or pay a fine. The court may also order the parties to attend a Separated Parents Information Programme (SPIP) or vary the original order to make it more specific. In severe cases of repeated breaches, a court can impose a prison sentence for contempt of court.

Interjection Point: Receiving the Final Order. I can help you understand the terms of the new order, whether it is an Enforcement Order or a variation of the original. I can explain what the consequences of the order are and what your next steps should be. This helps you feel empowered and informed, even after a stressful court process has concluded.

Other issues: Prohibited Steps and Specific Issues

When a dispute arises concerning a child's upbringing, the court can issue one of two types of orders to help resolve the issue: a Specific Issues Order or a Prohibited Steps Order. These orders are typically used when parents cannot agree on a particular issue and need the court to make a decision.

Specific Issues Order

A Specific Issues Order is a court order that resolves a single, often one-off, dispute concerning a child's upbringing. It is used when parents or carers need the court to decide on a specific question.

Common issues addressed by a Specific Issues Order include:

  • Which school a child should attend.

  • Whether a child should receive a particular medical procedure.

  • If a child should be allowed to travel abroad.

  • A dispute over a child's religious education.

Interjection Point: My role as your McKenzie Friend is to assist you in preparing for this process. This includes helping you clearly define the specific issue you want the court to resolve and assisting you in organizing your documents and evidence in a clear, compelling way. I can also help you prepare for the Mediation Information and Assessment Meeting (MIAM) and the CAFCASS interview, ensuring you can communicate your position effectively.

 

Prohibited Steps Order

A Prohibited Steps Order is a court order that restricts a person's parental responsibility by preventing a specific action from being taken.

This order is typically used to stop a parent from making a particular decision about the child's upbringing without the other parent's consent or a court order.

Common examples of what a Prohibited Steps Order can prevent are:

  • Changing a child's name.

  • Relocating the child from their current home or school.

  • Taking the child abroad.

  • Bringing the child into contact with a specific person.

In urgent situations where there is an immediate risk of harm, a temporary Prohibited Steps Order can be granted without the respondent being present. A McKenzie Friend can provide crucial support during these emotionally charged and time-sensitive situations.

Interjection Point: A Prohibited Steps Order is often sought in urgent situations. In these high-pressure moments, I can provide crucial support. I can assist you with drafting the application and witness statement, ensuring all relevant details are structured clearly and chronologically. I can also provide invaluable emotional support and practical assistance during a stressful "without notice" hearing, taking notes and quietly prompting you on key points to help you present your case effectively.

Contact us

Location

22 The Avenue, Tankersley, 
Barnsley, S75 3AQ.