Child Arrangements Orders: What they are and when you might need one
National Parenting Week is a chance to recognise the time, patience and love that go into bringing up children. For parents who are separating or divorcing, it can also be a reminder that parenting doesn’t stop when a relationship ends, it simply has to be organised differently.
Arrangements for the children are often the most emotive part of a separation. Ideally, arrangements for the children would be agreed between parents directly, or with support from a mediator, or through discussions with solicitors. However, where communication has broken down, or is not safe to do so, for example where domestic abuse is a factor, a Child Arrangements Order (CAO) can provide structure and certainty. Here is what you need to know.
What is a Child Arrangements Order?
A CAO is a court order that sets out the practical arrangements for a child after their parents separate. The court’s guiding principle is the child’s welfare, so the order is designed around what is best for them rather than what either parent would prefer.
A CAO can deal with:
- who the children will live with
- when and how often they will spend time with each parent (and any other form of contact, such as phone or video calls)
- arrangements for school holidays
- special occasions such as birthdays, religious festivals and Christmas.
Because it is legally binding, a CAO gives both parents and the children a clear framework to rely on.
Who can apply?
Parents and others with parental responsibility can generally apply. Other people, such as grandparents or other relatives, may need the court’s permission first. There are also some further categories of people who can apply without permission, for example someone the child has lived with for at least three years, within certain time limits. The rules on who can apply are more nuanced than they first appear, which is why it is worth taking advice on your own circumstances before commencing an application.
When might you need one?
A CAO is usually a last resort rather than a first step, but it may be worth considering if:
- you and the other parent cannot reach agreement
- mediation has been tried and hasn’t worked
- one parent is stopping the children from seeing the other, or communication has broken down completely
- there are safeguarding or welfare concerns about the children
- allegations or evidence of domestic abuse exists
If you do not need a court order, a written parenting agreement can also help, setting out term-time and holiday arrangements in a way that works for your family. As with contact arrangements, this can be drafted between parents, or agreed with the assistance of a mediator, or via solicitors. Alternatively, a child-focused parenting plan addressed to the child or children of the family, called ‘Our Child’s Plan’ can be created by parents jointly through the Children and Family Court Advisory and Support Service (CAFCASS) website.
How does the process work?
1. Mediation first. Before applying, you will usually have to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, for example where there has been domestic abuse or the matter is urgent.
2. Making the application. If mediation doesn’t resolve things, an application is made to the court on Form C100. Where there are allegations of harm or a risk of harm, additional forms may also be needed. A solicitor can help you prepare and file the application.
3. Court hearings. An initial gate-keeping hearing will usually occur, where the application and next steps are considered in private, before a judge or magistrates, and without attendance by either or both parents. At the first hearing, called a First Hearing Dispute Resolution Appointment (FHDRA), a judge or magistrates will consider the case, and a CAFCASS officer will be involved, carrying out safeguarding checks and where necessary, and making recommendations. There are often several hearings regarding an application, depending on what is in dispute.
4. The decision. The court’s priority is the child’s welfare. It applies the welfare checklist in section 1 of the Children Act 1989, which includes the child’s wishes and feelings (in light of their age and understanding), their physical, emotional and educational needs and the likely effect of any change. If matters can’t be agreed early on, the court may need more evidence and a further hearing before it makes a final decision.
Other orders the court can make
Sometimes a CAO isn’t the whole picture. The court can also make:
- A Specific Issue Order, to resolve a particular disagreement, such as which school a child should attend or whether they can go on a particular holiday.
- A Prohibited Steps Order, to stop a parent taking a certain action, such as removing a child from the country without the other parent’s consent.
Support from Rogers & Norton
Child arrangements shape children’s upbringing and can affect everyone involved for years. Our Family Law team, led by Ginny Colman, Director and Head of Family, can guide you through every stage, from exploring mediation and collaborative options, to preparing your application and supporting you through any hearings. We aim to reduce conflict and keep the focus on your children’s best interests.
We offer appointments face to face at our Norwich, Attleborough and Dereham offices, as well as by telephone and Microsoft Teams. Please note that we do not hold a Legal Aid franchise, but if it appears you may be eligible for public funding, we can refer you to local firms who can help.
To speak to our Family Law team, call 01603 666001, email enquiries@rogers-norton.co.uk or complete the Request a Consultation form on our website.
This article is for general information only and does not constitute legal advice.