Separation or divorce is one of the most difficult experiences a family can go through, particularly when children are involved. Parents naturally want what’s best for their children, but emotions can run high and it is not always easy to agree on living arrangements. In these situations, the law in England and Wales provides a framework to help families move forward with making childcare arrangements after divorce or separation.
What is a Child Arrangements Order?
A Child Arrangements Order (CAO) is a court order that sets out where a child will live, when they will spend time with each parent (or other people who have parental responsibility), and in some cases, how they will keep in contact. It effectively replaces the older terms of “residence” and “contact” orders.
The key principle behind any CAO is the welfare of the child. The court will always make decisions based on what is in the child’s best interests, rather than simply what either parent wants.
When is a Child Arrangements Order needed?
Not all separating parents need a CAO. Many are able to agree arrangements informally or with the help of a family solicitor, and without the need for court involvement. However, a CAO becomes necessary if:
- Parents cannot agree where a child will live or how much time they will spend with each parent.
- There are concerns about a child’s safety or wellbeing.
- One parent is preventing the child from having a meaningful relationship with the other.
- A clear, legally binding framework is needed to avoid ongoing disputes.
How does the Child Arrangements Order process work?
Before applying for a CAO, parents are usually required to attend a Mediation Information and Assessment Meeting (MIAM). This is an opportunity to see whether mediation might help resolve disputes without going to court. There are exceptions, though, for example in cases involving domestic abuse.
If mediation is not suitable or does not succeed, an application can be made to the family court. The process typically involves:
- Filing the application using the C100 form.
- CAFCASS involvement – the Children and Family Court Advisory and Support Service (CAFCASS) will carry out safeguarding checks and may speak to the child to understand their wishes and feelings.
- Court hearings – there may be one or more. The court will encourage parents to reach an agreement but, if necessary, a judge will make a decision and issue a CAO.
Other things to know about navigating child arrangements post-separation?
- Flexibility is key – courts encourage parents to agree on arrangements tailored to their child’s needs. Orders can include provisions for holidays, birthdays and special occasions.
- Orders can be varied – if circumstances change, parents can apply to vary or discharge an order.
- Children’s voices matter – depending on their age and maturity, a child’s views may be taken into account.
- Legal advice is important – while it is possible to apply for a CAO without a solicitor, professional advice helps ensure parents understand their rights and responsibilities.
For advice from an experienced family solicitor, contact Batt Broadbent today.