Separating from a partner is difficult, and when children are involved, it becomes even more challenging to make decisions about their future. While many parents can agree on where their children will live and how often they will see the other parent, this isn’t always possible. In these situations, a Child Arrangement Order (CAO) provides a legal framework to settle these disputes.
This guide explains what these orders entail, who can apply for them, and how the court makes its decisions. If you are struggling to reach an agreement regarding your children, understanding these legal mechanisms is the first step toward finding a resolution that prioritizes their wellbeing.
What is a Child Arrangement Order?
A Child Arrangement Order is a legal order issued by the Family Court that sets out the arrangements for a child’s upbringing. These orders replaced what were previously known as “residence” and “contact” orders. A CAO primarily regulates two key aspects: with whom the child is to live, spend time, or otherwise have contact, and when the child is to live, spend time, or otherwise have contact with any person.
This can cover various scenarios, including overnight stays, weekend visits, or indirect contact through phone calls and letters. The order provides clarity and stability for the child, ensuring both parents understand their specific roles and time allocations. It is legally binding, meaning failure to comply can result in enforcement action by the court.
Who Can Apply for a Child Arrangement Order?
Certain individuals are automatically entitled to apply for a Child Arrangement Order. This group includes parents, guardians, and anyone with whom the child has lived for at least three years. This period does not need to be continuous but must have started within five years of making the application.
Other individuals, such as grandparents, aunts, and uncles, do not have an automatic right to apply. Instead, they must first seek permission (leave) from the court to make an application. When deciding whether to grant permission, the court considers the applicant’s connection with the child and the potential impact of the application on the child’s life.
The Application Process
Before applying to the court, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM). This meeting determines whether mediation could resolve the dispute without court intervention. If mediation is unsuitable or fails, you can proceed with a formal court application using Form C100.
Once the application is submitted to the Family Court, a date will be set for a First Hearing Dispute Resolution Appointment (FHDRA). During this hearing, a judge or magistrate will investigate the issues and encourage the parties to reach an agreement. If no agreement is reached, the court may request further evidence or reports from the Children and Family Court Advisory and Support Service (Cafcass) before making a final decision at a subsequent hearing.
Factors Considered by the Court
When making a decision on a Child Arrangement Order, the child’s welfare is the court’s paramount consideration. The court follows a specific checklist, known as the “welfare checklist,” to guide its decision-making process.
The court examines the ascertainable wishes and feelings of the child concerned, considered in light of their age and understanding. They look at the child’s physical, emotional, and educational needs, as well as the likely effect on the child of any change in circumstances. The court also assesses any harm which the child has suffered or is at risk of suffering. Crucially, the court considers how capable each parent (or other relevant person) is of meeting the child’s needs.
Seeking the Right Advice
Establishing stable arrangements for your children is vital for their future happiness and security. While the legal system aims to resolve disputes fairly, the process can be confusing for those without legal training. If you cannot reach an agreement with your ex-partner, seeking professional advice is often the safest route. A qualified child arrangement solicitor can review your specific circumstances and advise on the most appropriate course of action, helping you move forward with confidence.
