What Happens When Children Are Swapped At Birth? Legal Lessons From ITV’s Playing Nice

A child arrangement order can regulate with whom a child is to live and when a child is to live with any person (previously called a residence order).

The order may be made in favour of more than one person, and arrangements for where a child is to live may be shared. 

A child arrangement order may also regulate the arrangements regarding: -

• With whom a child is to spend time or otherwise have contact.
• When the child is to spend time or have contact with anyone else.

The court can make a range of child arrangement orders including orders that provide for: -

• Direct contact between the child and the person named in the order
• Overnight staying contact
• Indirect contact through letters or cards
• Supervised or supported contact

In certain circumstances, the court can order that there is no contact.

When making a child arrangement order, the child's welfare is the court’s paramount consideration.

The court must consider the statutory checklist contained in the Children Act 1989, Section 1(3) and any other factors that the court considers relevant. The court must consider whether it would be better for the child for an order to be made rather than making no order at all.

It is necessary to attend a family mediation information and assessment meeting (MIAM) before any application is made to the court.

We can put you in touch with accredited family mediators who can facilitate mediation sessions where both parties come together with a neutral mediator to work out their disagreements.

We can provide valuable input during these sessions, ensuring your rights are protected while keeping the focus on finding a mutually agreeable solution.

The provisions of a child arrangement order may be enforced in several different ways.

Whenever a court makes or varies a child arrangement order it must attach a warning notice to the order informing the parties of the consequences of failure to comply with the order.

If the court considers that there has been a breach of a child arrangement order without reasonable excuse, the court may: -

• Refer the parents to a Separated Parents Information Programme
• Vary the child arrangement order
• Make a contact enforcement order for unpaid work
• Make an order for compensation for financial loss
• Commit a parent to prison
• Fine a parent

The challenges faced by the families in Playing Nice underscore the emotional and legal intricacies of cases involving child arrangement orders.

In real life, the welfare of the child is always the court’s top priority, and a well-crafted legal strategy can help ensure the best possible outcome.

At Myerson, we understand that navigating parental disputes can be an emotionally taxing and complex process, especially when the welfare of the child is at the centre of everything.

With the support of a skilled family lawyer, the process can feel much smoother, and the family team at Myerson can provide legal guidance and support.

We will make sure your child’s best interests are prioritised while safeguarding your rights as a parent to help you achieve a resolution that is right for your family.