Fathers Voice

Guides / Family court

Chapter 14 · 2 min read

Living with the order

In short

  1. 1Check the warning noticeWarning notice. A notice attached to a child arrangements order setting out the consequences of not complying with it. and the exact wording as soon as the order arrives.
  2. 2Be punctual, consistent and calm. Reliability is what your child remembers.
  3. 3Make an imperfect order work, and build a record that supports change later.

When the court makes a child arrangements orderChild arrangements order. An order deciding who a child lives with and who they spend time with, and when., uncertainty is replaced with structure. For many fathers it marks the end of the hardest part. Understanding what the order says, and living by it, is what matters from here.

Read it properly

Your order will set out some or all of: who your child lives with, when they spend time with each parent, overnights, weekends, midweek time, holidays, special occasions, handovers and any conditions. Both parents must follow it. Neither can change it alone.

Read it with a pen. Two things are worth checking the day it arrives.

The warning noticeWarning notice. A notice attached to a child arrangements order setting out the consequences of not complying with it.

Child arrangements orders should have a warning notice attached setting out the consequences of not complying. It matters because the court generally can't make an enforcement orderEnforcement order. An order requiring unpaid work where a child arrangements order has been breached without reasonable excuse. later unless the order that was breached carried one. If yours doesn't, ask the court office to attach one.[14]

The exact wording

There's a real difference between a parent who "shall allow" time, "shall make the child available" and "shall use their best endeavours to ensure" time takes place. The courts hold parents to the words used. If a provision that matters to you is vague, or doesn't reflect what you understood the judge decided, raise it promptly.

Only the numbered paragraphs after "It is ORDERED" are orders. Background sections and recitals aren't enforceable, though they can still be useful.

How long it lasts

The parts of an order about who a child spends time with usually last until the child is 16. Parts about who a child lives with can last until 18. Either can be changed through the court if circumstances genuinely change (Chapter 18).

Living by it

  • Be punctual. On time for every collection and return. If you're running late, message straight away.
  • Be consistent. Even when it's inconvenient, and even when things are tense.
  • Communicate briefly and respectfully. Use one written channel for arrangements, and keep emotion out of it.
  • Support your child's routine. School nights, homework and bedtimes matter.
  • Support their relationship with the other parent. Don't criticise them in front of your child, compete with them or punish your child for loving them.

Children remember the parent who turned up, every time, for years. They remember it as a feeling, not as a list of dates.

Practical habits

  • agree one method for arranging logistics, such as email or a co-parenting app
  • plan holidays and known disruptions well in advance, in writing
  • keep a light record of contact that happens and any that doesn't
  • build a calm handover routine your child can predict

Living with an imperfect order

Some fathers don't get everything they hoped for. Live with the order and make it work. Resentment leaks into how your child experiences time with you. A track record of reliability is also the strongest basis for asking for changes later. Treat the order as the floor, not the ceiling.

Leave out names and case details.