Navigating a child arrangement order after divorce or separation can be emotionally challenging and legally intricate. The Courts will always prioritise the child’s best interests, which are determined through a comprehensive assessment of the child’s welfare under Section 1 of the Children Act 1989.

There is general agreement that any orders should enable a child to sustain a healthy and stable relationship with both parents, where it is safe to do so.

What is a Child Arrangement Order

Section 8 of the Children Act 1989 outlines three types of court orders concerning children: Child Arrangements Orders, Prohibited Steps Orders, and Specific Issue Orders.

A Child Arrangements Order (CAO) is a legally binding order made by the Family Court that specifies where a child will live, with whom they can spend time, and for how long that time will last.

Who Can Apply for a Child Arrangement Order

You are eligible to apply for a CAO if:

  • You are a parent or guardian.
  • You have parental responsibility.
  • You are a step-parent (married to or in a civil partnership with a parent of the child who has parental responsibility for that child, and you have treated the child as your own.)
  • You have lived with the child for over a year.
  • Or you have permission from the courts to apply (for example, from a grandparent or relative).

How best to start the process for a Child Arrangement Order

Before going to court, it is legally necessary to participate in a Mediation Information Assessment Meeting (MIAM) unless you have a valid exemption, such as allegations of domestic abuse.

The MIAM provides an opportunity to discuss your situation, the issues that need to be resolved, and the mediator will explain the process and options for reaching an agreement. The aim of mediation is to settle matters without going to court, as this benefits both parties and the child.

Going to Court

If an agreement cannot be reached regarding a child’s arrangement during mediation, an application to the court for orders will need to be made.

The court will consider the Welfare Checklist outlined in Section 1 of CA1989 and will have regard, in particular, to:

  • The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding);
  • Physical, emotional, and educational needs;
  • The likely effect on the child of any change in their circumstances;
  • Age, sex, background, and any other characteristics of the child which the court deems relevant;
  • Any harm the child has suffered or is at risk of suffering;
  • How capable each parent, and any other person the court finds relevant, is of meeting the child’s needs;
  • The range of powers available to the court under this Act in these proceedings.

Types of Contact

Depending on different circumstances and factors, the court may order:

  • Direct contact – in-person visits, overnight stays, and holidays.
  • Indirect contact – phone calls, texts, video calls, emails, letters, cards, and gifts.
  • Supervised contact – when safety is a concern, contact may be supervised by a contact centre or an appropriate third party.
  • No contact – although this is rare, if the court deems it in the child’s best interests, it will not hesitate to order that there be no contact.

How Long Does a CAO Last

The order typically remains in effect until the child turns 16. However, in certain circumstances, it can stay until the child reaches 18, especially if the court considers it to be in the child's best interest. If parents reconcile and live together for six months, the order will be considered invalid.

Enforcing a CAO

If a parent breaches the order, the other party can request the court to enforce it, and the court can impose warnings, fines, or other penalties where appropriate.

However, it is advisable to resolve issues through mediation or negotiation, unless the breach endangers the child's safety.

When it comes to decisions about your child’s future, the proper guidance can make all the difference. If you’re facing uncertainty around child arrangements, having clear, compassionate legal advice can help you find a resolution that truly serves your child’s best interests.

Our team is here to support you every step of the way, ensuring that your voice is heard and your child’s welfare remains our top priority.