Is a Child Arrangement Order the answer when the fairy tale ends? (26 May 2022)

The advent of no-fault divorce this year may mean a couple can separate without too much legal wrangling, but when child custody is disputed you may still need to turn to the courts. If you cannot reach an agreement with your former partner about arrangements for your children after a divorce or separation, a Child Arrangement Order may be the only way to resolve your differences. Family courts have wide ranging powers for deciding where a child should live and how often they should see each of their parents. In most cases the law is expected to preserve a relationship between a child and both of their parents after divorce. However, that is not always the case and in a recent high profile battle it was ordered by the English Courts that the ruler of Dubai, and president of the United Arab Emirates (UAE), Sheikh Mohammed, is to have no direct contact with his two children. His ex-wife, Princess Haya - the Sheikh’s sixth wife - is to have sole parental responsibility, meaning she will have authority to make all future decisions on the children’s schooling and healthcare and will have full responsibility for caring for the children. This decision follows a two and a half year legal battle in which Sheikh Mohammed wanted to return his two children to Dubai after Princess Haya fled the United Arab Emirates to the UK three years ago in fear of her life after her husband found out she was having an affair. However, it was found that he subjected his ex-wife to years of severe domestic abuse throughout their marriage, which was said to have psychologically impacted their daughter, Jalila, aged 14, and son Zayed, aged 10. The abuse included coercive and controlling behaviour in the form of harassment, intimidation, phone hacking and attempts to buy a £30m estate overlooking her property in Berkshire. As a result, it was decided by the judge that the only way to limit the harm already inflicted on the children was to ensure that their father was only able to have indirect contact with them going forward, meaning he can only write to or telephone them. Sheikh Mohammed continues to deny the allegations made by his ex-wife and claimed that he has always cared and provided for his family and always will. Applying for a Child Arrangement Order If you too are unable to agree on the arrangements for your children, you may need to apply for a Child Arrangement Order. In short, a Child Arrangement Order will determine whom a child is to live with, whom a child is to have contact with and when. This replaced the ‘Contact Order’ in 2014. Anyone with parental responsibility can apply for a Child Arrangement Order. This means any mother and any father on the birth certificate, but it may also include a step-parent or a grandparent, aunt, uncle and sibling in some circumstances. Any other person must apply to the court for permission before applying for a Child Arrangement Order. Before making an application, however, you must have made attempts to go through mediation (unless there is evidence of domestic abuse). Following an application, the court will think about the child’s wishes and feelings, the effect of the change in circumstances on the child, their educational needs and the individual circumstances of the family. When a decision cannot be reached between the parties, the court will sometimes involve a CAFCASS Officer to provide evidence and recommendations to help settle any disputes. If the parties are in agreement, there may only be up to two hearings. However, if the court needs to hear evidence from the parties and CAFCASS in order to arrive at a decision, there may be multiple hearings and although rare, proceedings can be ongoing for years, as was the case with Sheikh Mohammed and Princess Haya. Once an order is made, it will usually last until the child is 16, unless you and your partner reconcile, meaning you enter a relationship with each other again. About the author: Claire Wells is a dedicated caseworker in our Manchester-based family department who specialises in public law children work, child contact matters and divorce. If you need to apply for a Child Arrangement Order, contact Claire for advice via email on ClaireW@duncanlewis.com or via telephone on 020 7275 2578.