Case Study: Securing Stability and Parental Decision-Making Through a Child Arrangements Order

Background

Forest & Co Solicitors acted for a mother in a private children law matter involving an application under section 8 of the Children Act 1989 for a Child Arrangements Order and a Specific Issue Order.

Our client was the child’s sole day-to-day carer and had been managing all aspects of the child’s upbringing alone. Although the father had parental responsibility, he had completely disengaged from the child’s life and was no longer involved in the child’s care, welfare, or important decisions.

This created serious practical difficulties for our client. Despite being the only parent actively caring for the child, she was still restricted when making important decisions because the father’s consent was legally required. This became particularly problematic when dealing with the child’s passport application and international travel arrangements.

Without a formal court order, our client faced unnecessary legal uncertainty and ongoing delays.

Our Approach

We advised our client on her legal position and prepared the necessary applications to formalise the child’s living arrangements and resolve the issues surrounding parental decision-making.

Our team carefully presented clear evidence of the father’s absence and lack of involvement, while keeping the focus firmly on the child’s welfare and best interests. The goal was not to create conflict, but to provide the child with stability and allow the mother to make essential decisions without unnecessary barriers.

The matter also involved delays with CAFCASS safeguarding checks. We managed these procedural issues closely, ensured the case continued to progress, and supported the client throughout the adjournment period until the matter was ready for final hearing.

Legal Framework

The application was made under section 8 of the Children Act 1989.

We sought a Child Arrangements Order to formally confirm that the child lives with the mother, reflecting the reality of the day-to-day care arrangements.

We also applied for a Specific Issue Order to allow the mother to apply for and manage the child’s passport and travel arrangements without needing the father’s consent.

As in all children matters, the court’s primary consideration was the welfare and best interests of the child.

Outcome

At the final hearing on 15 January 2026, following the completion of safeguarding checks and with no concerns identified, both parties were able to reach agreement.

The court approved the outcome and made final orders confirming that the child lives with the mother through a Child Arrangements Order.

The court also granted a Specific Issue Order allowing our client to apply for and manage the child’s passport and travel arrangements without requiring the father’s consent.

This removed the ongoing legal and practical barriers our client had been facing, providing long-term stability for both mother and child and allowing our client to move forward with confidence.