When parents separate or divorce, deciding how children will be cared for is often one of the most sensitive and difficult issues to resolve. Ideally, parents can agree on these arrangements between themselves. However, when disputes arise, a Child Arrangement Order (CAO) can be necessary to provide clarity and ensure the child’s welfare is protected.
This article explains what a Child Arrangements Order is, how it works, and when you might need to apply for one through the family court.
What is a Child Arrangements Order?
A Child Arrangements Order is a type of court order that sets out who a child will live with, and how they will spend time with the other parent or relatives. This legal order replaced the old residence orders and contact orders under the Children Act 1989, streamlining how post-separation parenting arrangements are handled.
The primary purpose of a Child Arrangements Order is to ensure the child’s best interests are met by formalising living and contact arrangements where parents are unable to agree.
Can Parents Agree Without Going to Court?
Yes. In fact, the court expects parents to make every reasonable effort to agree arrangements without legal intervention. This will almost always involve attending a Mediation Information and Assessment Meeting (MIAM), which assesses whether mediation is a suitable way to resolve disputes in the first instance.
Any party seeking to make an application at Court for a Child Arrangements Order must first obtain a certificate from the MIAM provider, which confirms that they have attended their MIAM and that mediation is not suitable in the circumstances of their case. The Court will not accept any applications for a Child Arrangements Order where this MIAM certificate is not obtained, unless the situation is urgent and the applicant can show that there is either a risk to their life, freedom or physical safety, or that of another member of the family or the family home.
Alternatively, the applicant can provide evidence with their application which can show that a delay caused in attending a MIAM would cause either:
- A risk of harm to the child.
- A risk that the child would be unlawfully taken from the UK, or a risk that a child who is currently outside England and Wales will be unlawfully held.
- A significant risk that there will be a miscarriage of justice.
- That the applicant would suffer significant financial hardship.
- Irretrievable problems in dealing with the dispute, such as irretrievable loss of significant evidence; or
- That before proceedings could be brought in England and Wales relating to the dispute, proceedings would be brought in another country (or state), where that jurisdiction could hear the case and make a decision before the Courts in England and Wales could.
Taking the step of going to a MIAM is therefore not just a formality. Many families can benefit from talking through child arrangements during separation or divorce in a neutral setting, which can help reduce conflict and avoid the need for a contested court application.
However, in situations where mediation is inappropriate (for example, if there is a history of domestic abuse) or fails to reach a resolution, applying for a court order may become necessary.
How to Apply for a Child Arrangements Order
If mediation is unsuccessful or unsuitable, the next step is to apply for a Child Arrangements Order through the family court. This involves:
- Completing a C100 application form.
- Providing evidence of attending a MIAM (or an exemption, if applicable).
- Submitting the application to the court for consideration.
In urgent cases, you may need to apply to the court for permission to bypass mediation and proceed directly to a hearing. This can be done by ticking the relevant exemption on the C100 form and providing evidence which satisfies one of the criteria highlighted in the above bullet points. A solicitor will be able to advise you further as to what evidence would be needed in order to satisfy the relevant exemption criteria.
Once the application is received, the court will usually involve Cafcass (Children and Family Court Advisory and Support Service) and order that they carry out safeguarding checks and provide recommendations to the Court by way of a ‘safeguarding letter’. The court process can include one or more hearings, depending on the complexity of the case.
If you are unfamiliar with the legal process, understanding what to expect from court proceedings regarding child arrangements can help prepare you for each stage.
What Factors Does the Court Consider?
When making a decision, the court’s priority is the child’s welfare. Several factors are assessed, including:
- The child’s wishes and feelings (taking into account their age and understanding).
- Emotional, educational, and physical needs.
- The likely impact of any changes to the child’s circumstances, including their living arrangements.
- Each parent’s ability to meet the child’s needs.
- Any history of domestic abuse, neglect, or other safeguarding concerns.
The court may also consider practical factors, such as the child’s schooling, healthcare, and existing relationships with family members.
Parental Responsibility and Other Orders
Parental Responsibility (PR) refers to the legal rights, duties, and responsibilities a parent has for their child. Most parents share this responsibility, but disputes can arise over how it should be exercised.
It is worth noting that only someone with Parental Responsibility may apply to the Court for a Child Arrangements Order. This is particularly relevant in situations where one parent may think that they have Parental Responsibility over a child, but this turns out not the case in law.
For example, all biological mothers automatically have Parental Responsibility upon the birth of their child. However, a father or second mother will only have automatic Parental Responsibility for the child if they are married to or in a civil partnership with the biological mother at the time of the child’s birth (or after the child’s birth), or if they are named on the child’s birth certificate.
If neither of these criteria are satisfied, then the father, second mother or other family member seeking to obtain Parental Responsibility over the child will need to either enter into a Parental Responsibility Agreement with the biological mother, or they will need to apply to the court to obtain a Parental Responsibility Order. Once this is obtained, the person who has acquired Parental Responsibility may make a separate application for a Child Arrangements Order. A solicitor can advise you further as to the requirements that an applicant must satisfy in order to successfully obtain a Parental Responsibility Order.
In addition to Child Arrangements Orders, the court can issue:
- Prohibited Steps Orders: Preventing a parent from taking a specific action, such as moving the child abroad.
- Specific Issue Orders: Used to resolve a particular disagreement, such as decisions about education or medical treatment.
These orders may be made alongside a Child Arrangements Order to address specific concerns that impact the child’s welfare.
Can a Child Arrangements Order Be Changed?
Child Arrangements Orders are made based on the child’s circumstances at the time. However, family dynamics can change. Whether it be due to a party’s relocation, changes in the child’s needs, or evolving parental circumstances, it is possible to apply for a variation of a Child Arrangements Order.
If you believe your current arrangements no longer reflect your child’s best interests, it is important to seek legal advice about how to approach a variation through the family court.
Find out more in our article: Can Child Arrangements orders be changed?
Legal Advice?
Navigating child arrangements can be complex and emotionally charged. An experienced family law solicitor can provide clear, practical advice which is tailored to your situation. Whether you are attending a MIAM, negotiating parenting plans, or involved in court proceedings, legal guidance ensures that your parental rights are protected whilst focusing on your child’s wellbeing.
At Harbour Family Law, we specialise in supporting families through the challenges of separation, always prioritising constructive solutions and the best outcomes for children.
Next Steps
If you need help formalising arrangements for your child, or are considering applying for a Child Arrangements Order, Harbour Family Law is here to assist. Our expert family solicitors can guide you through every step with sensitivity and professionalism. You can book an initial consultation with one of our solicitors by calling one of the below telephone numbers for our local offices:
Clevedon Office: 0127 574 1202
Clifton Office: 0117 375 1780
Portishead Office: 0127 5285 414
Alternatively, you can submit an enquiry through our online form here, under ‘Request a Free Call Back’ or ‘Get Started Online’.