A child arrangements order (CAO) is a court order that sets out who the child is to live with and the contact that the child is to have with any other person. It is usually used in cases where parents cannot agree on how to split the care of their children.

The CAO may provide for the child to live with one parent only or it may provide for the child to share their time between both parents. If the child is to live with one parent only then the CAO will contain details of the contact that the child is to have with the other parent. There are several different ways that contact may take place ranging from unsupervised overnight contact to indirect contact through cards or letters only. In rare circumstances, where the best interests of the child dictate, the court can order that there is to be no contact.

Although a CAO may provide for who the child is to live with, it will not specify where the child is to live.

Find out more about child arrangements order below:

Who Can Apply for A Child Arrangements Order?

The following people can apply for a CAO:

• A parent of the child
• A guardian or special guardian of the child
• A step-parent if the child is part of that family
• A person with whom the child has been living with for at least three years within the last five years (and within three months of the application)

In addition to the above, a person can also apply for a CAO if they have the consent of each person who holds parental responsibility for the child or if they get permission from the court.

How Long Does A Child Arrangements Order Last?

A CAO for who the child is to live with will last until that child turns 18.

A CAO that regulates contact between the child and another person will usually last until the child turns 16 but in limited circumstances can last until that child is 18. If both parents reconcile and move back in together, then the Order will cease after you have lived together for six months.

What Is the Procedure Involved?

Before you apply for a CAO, you must first attend a Mediation Information Assessment Meeting (MIAM) with a mediator. At the MIAM the mediator will assess whether the parties are able to reach an agreement through the process of mediation. If an agreement cannot be reached, then the mediator will complete a ‘MIAM form’ which will need to be included in the CAO Application.

In certain cases where one person has suffered domestic violence at the hands of the other, then mediation may be unsuitable and an application for the CAO may be made directly without the need of a MIAM form. The same applies to issues relating to the safety of the child.

The application for a CAO is made on a specific court form and will require the details of all adults and children in the case. On the application form, the applicant will also need to include the specific order that he/she is asking the court to make and the reasons why they are asking the court to make it.

When the court receives the application, it will schedule a directions hearing known as the First Hearing Dispute Resolution Appointment (FHDRA). The court will send a copy of the application to the Children and Family Court Advisory and Support Service (CAFCASS) and may require that CAFCASS Prepare a brief safeguarding letter prior to the first hearing to highlight any safeguarding concerns. A copy of the application will also need to be sent to the respondent along with certain forms which are to be completed and returned to the court.

What Happens at Court?

The FHDRA is mediated by Magistrates or by a Judge who will investigate the issues and encourage both parties to reach an agreement. If an agreement cannot be reached, then the judge will direct how the case shall proceed and schedule one or more further hearings.

The judge may order that CAFCASS prepare a report, or he/she may request further evidence or witness statements to be filed.

At the final hearing, the court will review all of the evidence and statements and reports and make a final binding decision.

How Does the Court Decide What Should Happen?

The primary concern of the court is the child’s welfare, and it will always consider what is best for the child over anything else.

In making a decision the court will take into account a number of different factors:

• the wishes and feelings of the child concerned
• the child’s physical, emotional and educational needs
• the likely effect on the child if circumstances changed as a result of the court’s decision
• the child’s age, sex, background and any other characteristics that will be relevant to the court’s decision
• any harm the child has suffered or may be at risk of suffering
• the capability of the child’s parents (or other relevant people) in meeting the child’s needs, and
• the powers available to the court

The court must also be satisfied that making an order is better for the child than not making an order at all.

If you’d like to find out more about child arrangements orders, or if you’re looking for a Family Law solicitor – then please get in touch. The Family Law team at Best Solicitors have a vast amount of experience within child arrangement order cases and would be more than happy to assist you.