A Child Arrangement Order – or Child Arrangements Order – is a type of Family Court order that establishes who your children live and spend time with (including for how long, and on what basis) in a legally enforceable way.
Child Arrangements Orders are typically applied for where parents or guardians cannot agree on these key aspects, though it is worth noting that they can also be applied for by consent (where the parents/guardians do agree) so that what’s been agreed will be legally enforceable..
The term ‘Child Arrangements Order’ isn’t widely known outside of the legal world, and the related terms ‘custody’, ‘contact’, and ‘residence’ will be more familiar. ‘Contact’ and ‘residence’ were the previous terms used in the relevant law, though they were replaced by ‘spend time with’ and ‘live with’ by updates to the law made in 2014.
Key Elements of a Child Arrangements Order
A Child Arrangements Order (CAO), as provided for by the Children Act 1989, defines:
- Who the child lives with
- Who the child spends time with, this can include direct contact (face-to-face) or indirect contact through phone calls, video calls, or other methods such as letters and cards.
The key focus of any CAO is always the child’s welfare, considering their physical, emotional, and educational needs.
When is a Child Arrangement Order Necessary?
In many cases, separated parents may reach an informal agreement on how to manage the living and contact arrangements for their children. Widely-used parenting apps, such as OurFamilyWizard can also be helpful for ensuring communication about child arrangements is kept appropriate and child-focused.
Where an agreement cannot be reached in the first instance, parents will often benefit from the assistance of a trained mediator. A mediator’s job is not to decide the arrangements, but to help and facilitate separated parents to reach an agreement.
However, when an agreement cannot be reached, or a dispute arises, applying for a Child Arrangement Order will typically become necessary.
Save in certain situations (such as those involving domestic abuse), before you can apply to the Family Court for a CAO, you will first need to attend a Mediation Information and Assessment Meeting (a “MIAM”). It is important to note that a MIAM is not mediation: it is simply a meeting you have with a mediator at which the mediator will provide you with information about mediation.
Who Can Apply for a Child Arrangement Order?
While a child’s parents are usually the most likely to apply for a Child Arrangement Order, other individuals with close ties to the child, such as grandparents, step-parents, or guardians, can also apply, though in many circumstances, these individuals will first need to obtain permission from the court before making an application for a CAO.
What Does the Court Consider?
When deciding on the specifics of a Child Arrangement Order, the court’s most important concern will always be your child’s welfare. The court uses a welfare checklist to ensure that all key factors are considered. This checklist includes:
- Your child’s wishes and feelings, considering their age and level of understanding
- Their physical, emotional, and educational needs
- The potential impact on your child of any changes to their circumstances
- Any history of harm or potential risk of harm
- The ability of each parent to meet your child’s needs
Each case is unique, and the court will weigh these factors alongside any additional considerations relevant to the family’s circumstances.
Enforcement of a Child Arrangement Order
A CAO is legally binding. If your ex breaches the terms of the order, you can apply to the court for the terms of the CAO to be enforced – this could result in your ex having to undertake unpaid work, and/or being made to compensate you for any financial loss resulting from the breach.
In enforcement cases, the court will aim to resolve the breach swiftly, often with a hearing set within 20 days. If the breach is proved, and that your ex did not have a reasonable excuse, it may impose sanctions as referred to above. In certain situations, if your ex is found to be in contempt of court, they could also be fined, have their assets seized, or even face imprisonment.
Varying or Discharging a Child Arrangement Order
It is possible to change the terms of an existing CAO. if relevant circumstances change. To change or ‘vary’ the original CAO, an application to the court is required. As children grow older, and their needs evolve over time, this can necessitate adjustments to the arrangements outlined in the original CAO.
If both parties agree to changes to the existing CAO, they can typically avoid further court proceedings. If not, the court will decide after considering the same factors and principles (i.e., your child’s welfare, and the welfare checklist).
How Long Does a Child Arrangement Order Last?
Typically, a CAO remains in effect until your child reaches 16 – unless specified otherwise. The court may choose to extend it in exceptional cases until they turn 18.
How we can help
‘For many parents, the prospect of being involved in court proceedings concerning their children is overwhelming. If you and your ex are separating, or if you are considering separation, then it is extremely important to understand how the Family Court works in practice and how the law in respect of children applies to your own situation.’ – Vicki McLynn, Partner
If you find yourself in a situation where you may need to apply for a Child Arrangement Order or enforce an existing order, our children law experts are here to help, support, and advise you in order to ensure the best possible outcome for you and your child, regardless of how complicated and difficult your current situation may be.
To get in touch with one of our team, fill out our online contact form or give us a call on 0330 111 3131.