Legal Guidance for Parents
When parents separate or divorce, determining the living and contact arrangements for their children can be challenging. A Child Arrangements Order (CAO) is a legal order issued by the family court in England and Wales that sets out:
- Where the child will live
- When and with whom the child will spend time
- Other types of contact, such as phone calls or video chats
CAOs have replaced the previous ‘residence orders’ and ‘contact orders’ under the Children Act 1989.
A CAO can specify:
Living Arrangements:
The child lives with one parent (sole residence)
The child lives with both parents at different times (shared residence)
Contact Arrangements:
- Direct contact (face-to-face meetings)
Indirect contact (letters, phone calls, emails)
The court’s primary concern is the child’s welfare. It will consider factors like the child’s needs, the capability of each parent, and any risk of harm.
Before applying for a CAO, you must usually attend a Mediation Information and Assessment Meeting (MIAM) to see if mediation can resolve the issues. Exceptions apply in cases involving domestic abuse or urgency.
Application Steps:
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Complete the C100 form.
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Submit the form to your local family court.
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Pay the application fee
The court may involve Cafcass (Children and Family Court Advisory and Support Service) to assess the family’s situation and make recommendations to the court.
Enforcement:
If one party breaches the CAO, the other can apply to the court for enforcement. The court may impose penalties, including fines, community service, or, in extreme cases, imprisonment.
Variation:
Circumstances change, and so can CAOs. Either parent can apply to vary the order if it’s in the child’s best interests. The court will reassess the situation before making a decision.
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Parents, guardians, and anyone with parental responsibility can apply for a Child Arrangements Order without needing the court’s permission. Others, such as grandparents or extended family members, usually require the court’s permission – unless the child has lived with them for a certain period before making the application, in which case they can apply as of right.
The length of a Child Arrangements Order depends on its type. A ‘live with’ order usually lasts until the child turns 18, unless the court specifies otherwise. A ‘spend time with’ or ‘contact’ order typically lasts until the child turns 16.
Yes. If both parents agree, they can make informal arrangements. However, a CAO provides legal enforceability.
You can apply to the court for enforcement. The court may impose penalties to ensure compliance.
While not mandatory, legal advice can help navigate the process and ensure your application is robust.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
