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

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Sarah Whitelegge - Legal Director

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Article reviewed by Nichola Bright.
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What Happens When Children Are Swapped At Birth Legal Lessons From ITVs Playing Nice v2

Playing Nice, the psychological thriller by JP Delaney, follows two couples who discover that their toddlers were switched at birth in a hospital mix-up and face a horrifying dilemma: do they keep the sons they have raised and loved or reclaim their biological child?  

As Pete and Maddie meet Theo’s biological parents, both families face a dilemma of how to move forward, and the series highlights the complexities of family identity and parental responsibility.

The narrative of Playing Nice raises important questions about child arrangement orders, parental responsibility, and what the law says about these sensitive issues.

Our Family Law experts share some legal insights about real-life family law issues and how we can help.

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What is a child arrangement order?

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.

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Who can apply for a child arrangement order?

The following are some of the categories of people entitled to apply for a child arrangement order without permission from the court: -

  • Parents
  • Guardians
  • Special Guardians
  • Stepparents with parental responsibility
  • Any person who is named in a child arrangement order that is in force as a person with whom the child is to live
  • Any party to a marriage or civil partnership where the child is or was a child of the family
  • Any person with whom the child has lived for a period of three years

Any other person may apply to the court for permission to make an application.

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Mediation

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.

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How to apply for a child arrangements order

The application is made using form C100. When the application has been issued, the court will consider setting a date for a first hearing called a First Hearing Dispute Resolution Appointment (FHDRA) for the hearing of the application.

The First Hearing Dispute Resolution Appointment will usually occur within six weeks of the application being issued.

The court will send a copy of the application to the Children and Family Court Advisory Service (Cafcass).

Before the FHDRA, Cafcass must identify any safety issues and where a Cafcass officer suspects that a child is at risk of harm, Cafcass must undertake and provide a risk assessment to the court.

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Is a child arrangement order legally binding?

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

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Lessons from Playing Nice

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.

Contact Our Family Lawyers

Our experienced team of family law solicitors are experts in dealing with matters concerning children. We understand that what is right for one family may not be right for another.

Our experienced solicitors can assist you in negotiating child arrangements best suited to your personal circumstances.

01619414000

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Sarah Whitelegge's profile picture

Sarah Whitelegge

Legal Director

Sarah has over 17 years of experience acting as a Family Solicitor and as a Legal Director in our team. Sarah has specialist expertise in complex children matters and has experience of dealing with applications for child arrangement orders, prohibited steps orders, and special guardianship orders.

About Sarah Whitelegge