Going through a divorce or legal separation is never fun for any family.
Of course, separations become infinitely more complicated if there is a child, or children involved and if both parental parties are not able to come to an amicable solution. In most cases, solicitors and lawyers will aim for mediation to help prevent going into court and this can often result in a child arrangement order coming into practise. This ensures that the child or children and their needs and rights are considered in the legal separation process.
If you are going through divorce or legal separation and want to know more about child arrangement orders, read on, as this guide will give you a quick overview of what this is.
What Is a Child Arrangement Order?
In years gone by, a child arrangement order was divided into different orders, such as a contact order and a residence order.
In 2024, family law solicitors use the terms child arrangement order, or CAO, to combine different orders that relate to the child and their legal status with their parents in the event of a separation. A CAO determines where the child will live, when where and how often a child spends time with each parent and will also look at other aspects of their childhood. These can include any religious implementations, their health, their education, and holiday divisions.
Applying for a CAO
You can apply for a CAO without needing permission from the court if you are the parent, guardian, or special guardian of the child. You can also apply for one if you have parental responsibility to the child or if you are someone who has lived with the child for at least three years and is above legal age. In the UK, you need to be over 18.
If you are a grandparent or another extended family member, you may need to go to court to undertake a CAO.
When Do You Need a Child Arrangement Order?
As said before, solicitors and lawyers in family law will opt for mediation to prevent court costs and waiting times. If the parents of the child cannot agree on living arrangements or visiting schedules, they will need to investigate a CAO. Also, if there are concerns about the child’s welfare or the parents want to formalise an agreement to prevent future issues, then a CAO will be needed.
Applying for a Child Arrangement Order
In the UK, to apply for a CAO you need to complete the C100 form and submit it to court, while paying the application fee. Then, you will need to attend a Mediation Information and Assessment Meeting, unless there are circumstances such as domestic abuse underlying.
The court will then consider the child’s welfare, and both parents (or your legal team) will have space to present their points of view.
Enforcing and Varying a Child Arrangement Order
If a parent breaches a child arrangement order, then the parent who has been affected can schedule a court date to enforce the order. The court may impose penalties or even remove one parent from the CAO if they continue to breach it.
