Child arrangements orders regulate with whom a child is to live, spend time or have contact, where the persons with parental responsibility for that child cannot agree on such arrangements themselves.
This article provides a general overview about what these orders are, when and what they are issued for, and how to organise the Spanish sworn translation.
About child arrangements orders
What are child arrangements orders?
A child arrangements order is one of three different types of order that the courts of England and Wales can make under s 8 of the Children Act 1989 in relation to children, the other two being prohibited steps orders and specific issue orders. Child arrangements orders were introduced in April 2014 to replace residence and contact orders and can deal with both residence and contact matters, establishing:
- With whom a child is to live, spend time or have contact; and
- When a child is to live, spend time or have contact with any person.
Child arrangements orders are also known as ‘Section 8 orders’.
Courts in Scotland can issue residence and contact orders.
Courts in Northern Ireland can issue residence or shared residence orders, and contact orders.
When are child arrangements orders required?
Couples must make child arrangements to decide how to look after their children after they separate or divorce. If they agree on where the children will live, when the children will spend time with each parent and how they will be financially supporting the children, they can reach an agreement in writing and apply for the court to make it legally binding by issuing a consent order. Mediation and other help services are available to help them reach an agreement.
If couples cannot reach an agreement after attending a mediation meeting (some exceptions apply), they will need to go to court and attend hearings before the court can make a decision and issue a child arrangements order.
Who can apply for a child arrangements order?
Anyone with parental responsibility for the children can apply for the order. Note that the legal concept of ‘parental responsibility’ differs by jurisdiction.
For births registered in England and Wales (or where a child born outside the UK moves to England and Wales), married parents have joint parental responsibility for their child. An unmarried mother automatically has parental responsibility, but an unmarried father doesn’t, although he can acquire it in different ways (e.g. by registering his name on the child’s birth certificate or by marrying the mother). Both parents will still have parental responsibility for the child after divorce. Other people can also acquire parental responsibility for a child.
The procedure for a child arrangements order application
The Family Court procedure for obtaining a child arrangements order can be lengthy and stressful. It involves the following steps:
- The applicant files application to the court.
- The court serves documents on the respondent and lists the case for a First Hearing Dispute Resolution Appointment.
- The respondent must file and serve documents to the court.
- The parties must attend the First Hearing Dispute Resolution Appointment.
- If the parties cannot agree at the first hearing, the court fixes the next hearing date. Several statements and reports must be filed and exchanged.
- The parties must attend a Dispute Resolution Appointment.
- If the parties cannot agree at the second hearing, they must attend a final hearing.
- The court issues a child arrangements order.
What does a child arrangements order include?
A child arrangements order can be issued as such, or as a combined order. For example, a court can issue an order called Child Arrangements and Specific Issue Order.
Child arrangements orders follow a similar format and normally include the following sections:
- Identification of the parties involved.
- Important notices regarding the order, confidentiality and compliance.
- Recitals, as a schedule to the order. This section describes the issues to be decided by the court in detail.
- The actual order, detailing the court’s decisions for each separate issue. Examples may include the general child arrangements order, more specific orders such as spending time arrangements, and directions and conditions, or a prohibited steps order.
Sworn translation of child arrangements orders
When is a sworn translation of a child arrangements order required?
Generally speaking, sworn translation of legal documents is required in cross-border procedures involving two jurisdictions where different languages are spoken. For example, my Spanish sworn translation services are required in legal procedures usually involving the jurisdictions of England and Wales and Spain, or Scotland and Spain.
With regard to a child arrangements order issued in England and Wales, a Spanish sworn translation would normally be required for the said order to take effect in Spain. A recent case where a Spanish sworn translation of an English child arrangements order was required involved a contested procedure between divorced parents where the mother was issued a child arrangements order in her favour granting permission for her to permanently relocate to Spain with the child.
About Spanish sworn translations
Sworn translations are translations certified by a sworn translator who has been duly appointed as such by the Spanish Ministry of Foreign Affairs.
Find more information on my blog, where I provide clear answers to Spanish sworn translations FAQs.
The role of sworn translations
Sworn translations do not replace originals; they are supporting documents and you must always submit translations together with the corresponding original documents as part of your application or procedure.
When to request your Spanish sworn translations
Your UK documents must be (1) legalised/apostilled, as required, and (2) translated as part of the process. Since Apostilles come in a multilingual format, they do not need to (but can) be included in translations, meaning you can request Apostilles either before or after sworn translation. The main thing to remember is not to skip that step. Make sure that you have all original documents apostilled and all sworn translations ready for submission.
How to arrange sworn translations
As a Spanish sworn translator myself, I will be happy to help. Get in touch by email and attach a full scanned copy of your child arrangements order (and of any other document requiring translation) to receive a formal quotation.
DISCLAIMER
The information included in this article is correct at the time of publication/last update. This article is for informational purposes only, does not constitute legal advice and should not be relied upon as such. Any reliance you place on such information is strictly at your own risk. ICR Translations will not be liable for any loss or damage arising from loss of data or profits as a result of, or in connection with, the use of this website.
Irene Corchado Resmella, a Spanish translator based in Edinburgh. English-Spanish sworn translator appointed by the Spanish Ministry of Foreign Affairs, Chartered Linguist and member of the CIOL. As a legal translator, I focus on Private Client law, specialising in Wills and Succession across three jurisdictions (England & Wales, Spain, and Scotland). Affiliate member of STEP. ICR Translations is registered with the ICO and has professional indemnity insurance.