An order must be read carefully and as a whole. The precise wording, dates, conditions and any attached schedule are what matter—not what either party would prefer the order to mean.
This guide covers the principal private children and financial remedy orders made by the Family Court in England and Wales.
Child Arrangements Order: “Lives With”
A “lives with” Child Arrangements Order states with whom a child is to live. It may provide that the child lives with one parent or lives with both parents at different times.
The order can include:
- the child’s main home;
- the days and nights spent in each household;
- school-term arrangements;
- holidays and special occasions;
- collection and return arrangements; and
- communication between the child and each parent.
What it does not mean
A “lives with” order does not mean that the child belongs to that parent. It does not automatically give that parent sole parental responsibility or the right to make every important decision without consulting the other parent.
It is not an award for good parenting or a declaration that the other parent is unimportant.
Where an order says that a child “lives with” both parents, this is sometimes described as a shared lives with order. It does not automatically mean that the child’s time must be divided equally. Shared care is a legal description of the child’s arrangements, not a mathematical requirement for a 50/50 division.
2. Child Arrangements Order: “Spends Time With”
A “spends time with” order sets out when and how a child will have contact with a parent or another person.
Contact may include:
- staying overnight;
- daytime contact;
- supervised contact;
- supported contact;
- contact in the community;
- telephone or video calls;
- letters, cards or emails; and
- other forms of indirect contact.
The order may be very detailed or may provide for reasonable contact to be agreed between the adults.
What it does not mean
A “spends time with” order does not make that person a second-class parent. It does not remove parental responsibility and does not necessarily mean the court considers the person unsafe.
Supervised contact should not automatically be interpreted as a punishment or final finding against a parent. It may be ordered as a temporary safeguard, to support the rebuilding of a relationship, or while the court obtains further information.
However, where safeguarding concerns have been identified, those concerns must be taken seriously. The reason for supervision should be understood from the judgment, safeguarding information and wording of the order—not guessed at by either party.
3. Specific Issue Order
A Specific Issue Order determines a particular question about a child’s upbringing where those with parental responsibility cannot agree.
It may deal with matters such as:
- which school the child should attend;
- whether the child should receive particular medical treatment;
- whether the child may be taken abroad;
- religious upbringing;
- changing the child’s name;
- obtaining a passport; or
- other significant welfare decisions.
What it does not mean
A Specific Issue Order does not transfer all decision-making authority to the successful applicant. It usually resolves the particular issue identified in the order.
Winning one application does not give a parent a permanent right to make every future decision. Nor does it necessarily mean that the other parent behaved unreasonably; it may simply mean that the court had to choose between two competing proposals.
4. Prohibited Steps Order
A Prohibited Steps Order prevents a particular action from being taken without the court’s permission.
It may prevent a person from:
- removing the child from England and Wales;
- relocating the child;
- changing the child’s school;
- changing the child’s surname;
- applying for or using a passport;
- introducing the child to a particular person;
- arranging certain medical treatment; or
- taking another significant step in exercising parental responsibility.
What it does not mean
A Prohibited Steps Order is not necessarily a declaration that a parent is generally unfit or dangerous. It restricts the particular action described in the order.
It should not be stretched to cover unrelated decisions. If the order prevents a school change, for example, that does not automatically prevent all travel, medical decisions or ordinary day-to-day parenting.
Equally, the order must not be ignored because a parent personally believes it is unnecessary. It remains binding until it expires, is varied or is discharged by the court.
5. Parental Responsibility Order
A Parental Responsibility Order gives a person legal parental responsibility for a child.
Parental responsibility includes the legal rights, duties, powers and responsibilities associated with caring for and making decisions about a child.
What it does not mean
Parental responsibility does not create an automatic right to equal time with the child. It is separate from the arrangements governing where the child lives and when they spend time with each parent.
It also does not give one person superior authority over everyone else who holds parental responsibility. Important decisions may require consultation and, where agreement cannot be reached, an application to the court.
6. Interim Order
An interim order is a temporary order made while proceedings continue. It may regulate where the child lives, contact arrangements or a specific restriction until the court has enough information to make a final decision.
What it does not mean
An interim order is not necessarily the court’s final view. It does not automatically establish that allegations have been proved or that the temporary arrangement will become permanent.
However, interim orders are binding. A party cannot disregard the order merely because it is temporary.
7. Consent Order
A consent order records arrangements agreed between the parties and approved by the court.
The court must still consider whether the arrangements are consistent with the child’s welfare before making the order.
What it does not mean
A consent order does not necessarily mean that either party agrees with every allegation or statement made during the proceedings. Agreement to practical arrangements is not automatically an admission of wrongdoing.
Once approved, however, it is a court order and must be followed in the same way as an order made after a contested hearing.
8. Enforcement Order
Where a Child Arrangements Order has been breached without a reasonable excuse, the court may make an enforcement order requiring unpaid work. The court also has other enforcement powers, including compensation for financial loss and, in serious cases, further sanctions.
Before taking enforcement action, the court will consider the circumstances of the alleged breach and whether there was a reasonable excuse.
What it does not mean
A missed occasion does not automatically prove deliberate obstruction. Illness, emergencies, safeguarding concerns and the exact wording of the original order may all need to be considered.
Equally, a parent should not repeatedly breach an order and assume that calling the decision “child-focused” will make the breach acceptable. If an order is no longer safe or workable, the proper course is generally to seek an urgent variation rather than unilaterally rewriting it.
9. Activity Direction or Activity Condition
The court can direct or require a person to take part in an activity intended to support, establish or improve a child arrangements order.
This may include:
- a separated-parents programme;
- work addressing harmful conflict;
- parenting work; or
- another suitable intervention.
What it does not mean
Participation should not automatically be treated as a finding that a person is a bad parent. The purpose may be educational, preventative or directed towards improving communication.
Failure to comply, however, may be considered by the court.
10. Family Assistance Order
A Family Assistance Order can require Cafcass or a local authority officer to advise, assist and support a child or family for a limited period.
It may be used where a family needs help implementing arrangements or managing a difficult transition.
What it does not mean
It does not place the child into local-authority care and does not automatically mean that either parent has failed. It is a support order, although its requirements must still be taken seriously.
11. Section 91(14) Order
A section 91(14) order requires a person to obtain the court’s permission before making a further specified Children Act application.
It may be used where repeated or inappropriate applications are causing harm to the child or another person.
What it does not mean
It is not necessarily a permanent ban from the Family Court and does not remove parental responsibility. The person may apply for permission, but they must first satisfy the court that the proposed application should be allowed to proceed.
It should not be described simply as a “vexatious litigant order” unless that is legally accurate. Section 91A of the Children Act requires the court to consider the particular circumstances and risk of harm.
12. No Order
Under the Children Act 1989, the court should not make an order unless doing so would be better for the child than making no order.
The court may therefore conclude proceedings without imposing a substantive order.
What it does not mean
“No order” does not necessarily mean that one parent has won or that every allegation was rejected. It may mean that the court considers the parents able to manage without an order, that the requested order would not improve the child’s position, or that no further court intervention is presently required.