What is a Child Arrangements Order and how do I get one?

A Child Arrangements Order (CAO) is an important legal tool used in England and Wales capable of determining with whom a child will live, spend time, or otherwise have contact. It replaces previous orders such as ‘Residence Orders’ and ‘Contact Orders,’ offering a more streamlined approach to managing children’s living and contact arrangements post-separation or divorce. Here, we explore what a Child Arrangements Order entails and how you can obtain one.

What is a Child Arrangements Order?

A Child Arrangements Order can be issued by the family court to regulate:

– With whom the child lives: This specifies who the primary caregiver will be and how the child’s living arrangements are structured.
– With whom the child spends time with: It determines the schedule and conditions under which the child can have contact with the other parent or parties involved.
– Other types of indirect contact: For instance, phone calls, video calls or supervised contact sessions may be stipulated.

The primary aim of a CAO is to ensure that the child’s welfare is prioritised, aligning with the paramountcy principle set out in the Children Act 1989.

Steps to Obtain a Child Arrangements Order

1. Attempt Mediation First

Before applying for a CAO, you are typically required to attend a Mediation Information Assessment Meeting (MIAM) unless you qualify for an exemption (for example cases involving domestic abuse or urgency). Mediation helps parents reach a voluntary agreement regarding their children’s arrangements without resorting to court an attending a MIAM ensures parents are provided with initial advice as to the advantages and disadvantages of Mediation prior to issuing court proceedings.

2. File an Application

If parents do not attempt Mediation or other form of Alternative Dispute Resolution (ADR), or any ADR attempted does not resolve all issues between parents, then a biological parent can apply, as of right, for a CAO through the family court. You’ll need to complete a C100 Form, detailing your request for a living or contact arrangement order. In cases of urgency, other forms such as Form C1A might also be needed, especially if there are allegations of domestic violence and the risk of harm to a child.

3. Attend a First Hearing

Once your application is submitted, you will be invited to a First Hearing Dispute Resolution Appointment (FHDRA). This hearing aims to explore if an agreement can be reached or if further steps are needed. Both parties and a Children and Family Court Advisory and Support Service (Cafcass) officer will typically attend and the Court will endeavour to make any Order(s) necessary for any outstanding safeguarding assessments to take place concerning any child the subject of the proceedings.

4. Participate in Cafcass Assessment

Cafcass will conduct background checks and possibly interviews with both parents ahead of the FHDRA to ensure they have a clear understanding of the family dynamics and any potential welfare concerns.

5. Court Decision or Further Hearings

If an agreement isn’t reached during the FHDRA, further hearings may be scheduled, commonly referred to as Dispute Resolution Appointments (DRAs). A DRA is most commonly listed if the Court makes a direction at the FHDRA for Cafcass to provide a welfare report in relation to the child, commonly referred to as a “Section 7 Report”. The court will convene a DRA in order to consider the content of the Section 7 Report in further detail and to establish whether a Final Order can be made by consent between the parties.

In the event the proceedings cannot be concluded following a DRA, the court will invariably direct both parties to file evidence (or further evidence) with the court in the form of witness statements, before listing the matter for a Final Hearing. A Final Hearing is effectively a Trial, with both parents and Cafcass potentially being crossed examined, before a Judge or bench of Lay Magistrates make a Final Order determining the various issues in dispute concerning the child subject of the proceedings, with particular regard for the ‘welfare checklist’ enshrined within the Children Act 1989.

Key Considerations

– Best Interests of the Child: The child’s welfare is always the central concern. Factors such as their educational needs, emotional well-being and the ability of each parent to meet their needs are considered.
– Legal Advice: While you can apply for a CAO on your own, obtaining advice from a solicitor specialising in family law is usually vital, particularly if the case is complex.
– Compliance and Flexibility: Once a CAO is in place, it is legally binding. Both parties are expected to adhere to its terms. However, it can be modified if circumstances change, following the appropriate legal procedures.

Conclusion

A CAO is a critical tool for establishing clear and legally sanctioned arrangements for children post-separation or divorce. While the process can seem daunting, understanding each step and seeking professional guidance can help ensure a resolution that prioritises the well-being and stability of your child.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 15th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of the capital’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here