What is a Child Arrangement Order?
Child Arrangement Order (CAO) is an order that, following a court process, will state where your child lives, when they spend time with each parent and other types of contact such as when telephone calls can take place.
Contact simply means the time that a child spends with an adult, usually a parent. There are several ways that contact may take place:
- direct contact between the child and the person named in the order
- overnight staying contact
- supervised contact, and
- indirect contact through letters or cards
In rare circumstances, where the best interests of the child dictate, the court can order that there is no contact.
A CAO may identify the person with whom a child is to live, but not specifically where the child must live. A CAO may provide for the child to live with one parent only or it may provide for the child to share their time between both parents.
Child Arrangement Orders replace residence/custody orders and access/ contact orders.
Who can apply for a Child Arrangement Order?
A child’s parent can always apply for a CAO, as can a child’s step-parent, guardian, or anyone with whom the child has been living for at least three out of the last five years. Other people, such as grandparents, may apply for a CAO for a child if they get the consent of everyone with parental responsibility or permission of the court.
How long do they last?
A CAO that regulates with whom the child is to live and when will last until the child is 18 (unless the court orders an earlier date).
A CAO that regulates when the child is to have contact with a person will usually end when the child is 16 but in limited circumstances can last until the child is 18.
What is the procedure?
If it is not possible to reach an agreement about time with children or where they should live, you can apply to the court for an order. Before you can do this you are now required, to attend a meeting with a mediator to see whether mediation might be suitable, rather than using the court. This requirement applies except in certain circumstances including issues relating to the safety of the child or domestic violence. The other party to the proceedings will also be encouraged to attend mediation. If you are willing to attend together then the mediation meeting may be conducted jointly; otherwise, separate meetings will be held.
If you are not able to resolve matters in mediation we would recommend that before you consider issuing proceedings you seek advice and information how the court process will work and how we can help you with it.
For further information, please contact the family law team on 0800 011 6666 or email legal@timms-law.com