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Understanding Child Arrangement Orders in UK Family Law
When parents separate or divorce, making decisions about their children’s living arrangements and contact with each parent can be one of the most challenging and emotionally fraught issues to resolve. In the UK, if parents are unable to agree, they can apply to the family court for a Child Arrangements Order. Family law solicitors 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 specifies where a child will live and how much time they will spend with each parent. It replaces the previous terms of “residence” and “contact” orders. A CAO aims to prioritize the child’s welfare and best interests above all else, including the wishes of the parents.
The CAO can detail practical matters such as:
- Which parent the child will live with (previously known as a “residence” order)
- How much time the child will spend with their other parent (previously known as a “contact” order)
- Arrangements for picking up/dropping off the child
- How vacations and holidays will be split between parents
A family court lawyer can advise you on your rights and what arrangements may be appropriate in your situation when applying for a CAO.
Who Can Apply for a Child Arrangements Order?
A child’s mother, father, or anyone with parental responsibility can apply for a Child Arrangements Order. Other family members like grandparents may need to first seek the court’s permission to apply. An experienced family lawyer can advise you on your eligibility.
The relevant UK legislation is the Children Act 1989, which states in Section 8(1):
“In this Act — “a section 8 order” means any of the following orders under this section, that is to say — (a)a contact order; (b)a prohibited steps order; (c)a residence order; (d)a specific issue order; (e)a child arrangements order.”
(Children Act 1989, Section 8)
The Role of Mediation
Before applying to the court for a CAO, parents are required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, such as in cases involving domestic violence. The aim of mediation is for parents to reach an agreement with the help of a trained, neutral mediator, without needing to go to court.
Mediation can be quicker, less formal and stressful than a court hearing. However, if an agreement cannot be reached, an application for a CAO may be necessary. Family lawyers can guide you through the mediation process and assess whether an exemption may apply in your case.
Factors the Court Considers
If mediation is unsuccessful or unsuitable, a court hearing will be scheduled for a judge to decide the Child Arrangements Order. The paramount concern will be the welfare of the child. The court will consider factors including:
- The child’s own wishes and feelings, if they are old enough to express them
- The child’s emotional, physical and educational needs
- The likely effect of any change in circumstances on the child
- The child’s age, sex, background and characteristics
- Any risk of harm to the child
- Each parent’s capability to meet the child’s needs
A child custody lawyer can present evidence and arguments to the court regarding your child’s best interests. The judge will carefully weigh all factors in reaching a decision.
Varying or Appealing a Child Arrangements Order
If your circumstances change significantly after a CAO is made, you can apply to the court to vary (change) the order. Grounds might include changes to your housing or work situation, the child’s needs, or risks to their safety.
If you disagree with the court’s decision, you may be able to appeal. There are strict time limits and grounds for appealing. A family law solicitor can advise you on your options and likelihood of success.
For more information and legal discussion related to Child Arrangements Orders, I recommend checking out the Family Law Expert YouTube channel, which shares insightful videos on a range of family law topics.
Determining a child’s living and contact arrangements after parental separation can be a difficult legal and emotional process. Seeking independent legal advice from an experienced family lawyer can help protect your rights and your child’s well-being throughout proceedings for a Child Arrangements Order.
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.