A Child Arrangements Order (CAO) is a legal order made by a court to determine where a child should live, how much time they should spend with each parent, and how other forms of contact (such as phone or video calls) will occur. These orders are used when parents or guardians cannot agree on arrangements for their child following a separation or divorce.
The primary purpose of a Child Arrangements Order is to safeguard the welfare of the child and ensure their needs are prioritized.
When Might a Child Arrangements Order Be Needed?
A CAO is typically sought when parents or guardians are unable to agree on:
Living arrangements for the child: Deciding which parent the child will live with or whether the child’s time will be shared between both parents.
Contact arrangements: Determining how and when the child will spend time with the parent they do not live with.
Other family contact: Arranging contact with extended family members, such as grandparents, when necessary.
If negotiations and mediation fail, applying for a CAO can provide a legally binding resolution.
What Does a Child Arrangements Order Cover?
A CAO can address various aspects of a child’s care and upbringing, including:
1. Living Arrangements
The court may decide:
Which parent the child will live with on a full-time basis.
Whether the child will divide their time between both parents’ homes.
Specific details about holidays, weekends, and school breaks.
2. Contact Arrangements
The order can also specify:
How often the non-resident parent will see the child (e.g., weekly, fortnightly).
The nature of the contact, such as face-to-face visits, overnight stays, or phone and video calls.
Any restrictions or supervised contact if necessary for the child’s safety.
How Does the Court Make Its Decision?
The court’s primary concern is the child’s welfare. Judges use the Welfare Checklist as outlined in the Children Act 1989 to guide their decisions. Key considerations include:
The child’s needs: Physical, emotional, and educational requirements.
The child’s wishes and feelings: If the child is mature enough, their views may be taken into account.
The child’s safety: Any risks to the child’s wellbeing or exposure to harm.
The child’s relationships: The strength of the child’s bond with each parent and other important family members.
The impact of changes: How changes in living arrangements or contact might affect the child’s stability.
The court’s decisions are always based on what is in the child’s best interests.
How to Apply for a Child Arrangements Order
If you need to apply for a CAO, the process generally involves the following steps:
1. Attempt Mediation
Before applying to the court, you must usually attend a Mediation Information and Assessment Meeting (MIAM) to explore resolving the matter without legal proceedings.
2. Submit an Application
If mediation is unsuccessful, you can apply to the court using a C100 form. In cases involving safety concerns, such as domestic abuse, you may not be required to attempt mediation first.
3. Attend Court Hearings
The court will schedule hearings to review evidence, listen to both parties, and gather input from professionals (e.g., Cafcass officers) to make an informed decision.
How Long Does a Child Arrangements Order Last?
A CAO usually remains in place until the child turns 16, unless stated otherwise by the court. In some cases, it can continue until the child reaches 18.
If circumstances change significantly, either party can apply to the court to vary or discharge the order.
What Happens If a Child Arrangements Order Is Breached?
If one party does not comply with the terms of a CAO, the other party can:
Apply to the court for enforcement: This requests the court to take action to ensure the order is followed.
Provide evidence of breaches: Examples may include missed visits or failure to facilitate agreed contact.
The court may impose penalties, such as fines or make-up time for missed visits. In more serious cases, the court could adjust the order to better serve the child’s interests.
How Can Canko Law Firm Help?
At Canko Law Firm, we understand the sensitive nature of family law disputes and the importance of achieving a resolution that prioritizes the welfare of the child. Our experienced solicitors can assist with:
Advice and Guidance: Helping you understand your rights and options under the law.
Mediation Support: Assisting you in navigating the mediation process.
Application Preparation: Ensuring your application is thorough and accurate.
Court Representation: Advocating for your case during hearings to achieve the best outcome.
Why Choose Canko Law Firm?
Child-Centered Approach: We prioritize the best interests of the child in every case.
Experienced Team: Our solicitors have extensive experience handling complex family law matters.
Cross-Border Expertise: If your case involves international elements, such as relocating a child abroad, we are uniquely equipped to assist.
Contact Us Today
If you need help applying for a Child Arrangements Order or resolving disputes about your child’s care, Canko Law Firm is here to guide you through the process.
Contact us today to schedule a consultation and take the first step toward securing a fair and legally binding arrangement for your family.
