When parents separate or divorce, often one of the most important and emotive aspects of the separation is in relation to the arrangements regarding any children.
Parents should try to resolve any disputes over the child arrangements amicably, but this isn’t always possible. In that case the family courts can assist.
A Child Arrangements Order (CAO) is a legal document court order that formalises childcare agreements between parents who are going through a divorce or separation and should be used to help to regulate the child arrangements in the children’s best interest and to safeguard the welfare of the children
A CAO can assist with determining:
- where the children will live
- what and how much time they will spend with each parent
- special occasion arrangements
- holiday arrangements
Who can apply for CAO:
- Anyone with Parental Responsibility
- With permission from the Court
- Some other circumstances, including but not limited to a person who the children have lived with for 3 years within certain time parameters.
There are multiple options as to who can apply for a CAO which is why it is important to seek legal advice when considering CAO would assist you and your circumstances.
When to apply for a CAO:
- When parents cannot reach an agreement themselves
- When mediation has been unsuccessful
- One parent is preventing the other from having contact with the children and/or communication has broken down
- There are safeguarding and/or welfare concerns in relation to the children
How to apply for a CAO:
1. Mediation:
- Before applying for a CAO , you are legally required to attend a Mediation Information and Assessment Meeting (MIAM), save in exceptional circumstances.
2. If mediation is not successful:
- You can make an application on a C100. A solicitor can guide you through the process, helping you prepare your application and submit it to the Court. Supplemental forms may also be necessary to complete in some circumstances, i.e., when there are allegations of harm or a risk of harm.
3. Attend Court hearings:
- Both parents will need to attend a Court hearing, where a Judge or Magistrate will assess the situation.
- A representative from the Children and Family Court Advisory and Support Service (CAFCASS) will also be involved.
- There will likely be multiple hearings during the course of the proceedings. The nature and length of the hearing will depend on what needs to be decided and what is in dispute. CAFCASS may also provide input by producing a safeguarding report and will make recommendations.
4. Decision making:
- The court prioritising the child’s welfare will consider factors like their wishes and overall needs. The court will consider the Welfare Checklist as set out in section 1 of the Children Act 1989 to assist them in making a decision.
- If an agreement cannot be reached during an initial hearing, further evidence may be required before a final decision is ultimately made by the court at a subsequent hearing(s).
In addition to a CAO, the Court may issue:
- Specific Issue Order: For resolving specific disputes, such as which school a child should attend or whether they can go on holiday.
- Prohibited Steps Order: To prevent a parent from taking certain actions, like relocating a child abroad without consent of the other parent.
Ultimately, a CAO can help to shape your children’s upbringing and the arrangements determined will likely have a lasting impact on them directly and both parents. Tees’ family law team can help to guide and advise you in relation to child arrangements and whether it would be in your best interests to make a CAO application. Ensuring that any application and subsequent hearings are prepared for and you are supported through the process is essential and something which the team are here to support you with.
