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Understanding Child Arrangement Orders in UK Family Law
When parents separate or divorce, making arrangements for the children is often the most challenging and emotional aspect. In England and Wales, if parents cannot agree, they can apply to the family court for a Child Arrangements Order. A family law solicitor can provide legal advice and representation throughout this process.
What is a Child Arrangements Order?
A Child Arrangements Order (CAO) is a court order that regulates arrangements relating to who a child will live with, spend time with or have contact with. It replaces the previous terminology of “custody” and “access”. The order specifies where a child will live and how much time they spend with each parent.
As stated in Section 8 of the Children Act 1989:
“In this Act — “a child arrangements order” means an order regulating arrangements relating to any of the following—
(a)with whom a child is to live, spend time or otherwise have contact, and
(b)when a child is to live, spend time or otherwise have contact with any person;”
Applying for a Child Arrangements Order
Before applying to the court, parents are expected to attempt mediation, unless exceptions apply such as domestic violence. An experienced family lawyer can advise if your situation may be exempt.
If no agreement is reached, a C100 application form must be submitted to the family court. A family law solicitor can assist in preparing this and representing you. The court will then arrange a First Hearing Dispute Resolution Appointment (FHDRA).
The Child’s Welfare
The child’s welfare is the court’s paramount concern in deciding on a Child Arrangements Order. The judge will consider the “welfare checklist” set out in Section 1(3) of the Children Act 1989, including factors like the child’s wishes and feelings, their physical and emotional needs, the likely effect of any change in circumstances, and any harm they have suffered or are at risk of suffering.
CAFCASS
The Children and Family Court Advisory and Support Service (CAFCASS) plays an important role. Upon receiving the court application, CAFCASS conducts safeguarding checks. At the FHDRA, a CAFCASS Officer will speak with the parents to see if an agreement can be reached and provide a report to the court.
In more complex cases, the court may order a Section 7 report, where CAFCASS will meet with the parents and child and provide a more detailed assessment. An experienced family court lawyer can explain the CAFCASS process in more depth and help you prepare.
Final Hearing
If no agreement is reached, the matter proceeds to a final hearing. Both parents will give evidence and may be cross-examined by the other parent’s barrister or family lawyer. The CAFCASS officer may also give evidence. After hearing the evidence, the judge will make a binding decision on the Child Arrangements Order.
The court order will specify the living arrangements and the time the child spends with each parent. It may include specific instructions like handover arrangements, holiday schedules, and how decisions about the child will be made. Breaching a Child Arrangements Order can have serious consequences, so it’s vital that parents adhere to it or seek a variation from the court if circumstances change.
Legal Advice is Essential
Navigating the laws around Child Arrangements Orders and representing yourself in the courtroom can be daunting. Seeking legal advice from a skilled child custody lawyer is essential to understand your rights, the court process, and to ensure your child’s best interests are protected. They can provide objective counsel during a highly emotional time and advocate strongly on your behalf.
While going to court over child arrangements should be a last resort after exhausting all other options, sometimes it is necessary. Having an experienced attorney from a family law firm by your side can make all the difference in securing an outcome that safeguards your child’s welfare and preserves your relationship with them.
No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.