A Child Arrangements Order (CAO) is the new name for orders previously known as residence and contact orders. In essence a CAO is an order that regulates the arrangements for a child in relation to whom the child should live with, spend time or have contact with and when the child is to live, spend time or have contact with any person.
Contact means the time that a child spends with an adult and there are several ways in which this can take place i.e. direct contact, supervised contact, supported contact and indirect contact.
Who can apply?
Any parent of a child or person who has parental responsibility for a child.
A step-parent who has parental responsibility for the child or where the child has been treated as a child of the family.
A guardian, a special guardian, or anyone with whom the child has lived for a period of at least three years (please contact us for the conditions to this requirement).
Any civil partner to a partnership where a child is a child of the family.
A person who has the consent of all those with parental responsibility for the child or the consent of the person named as whom the child should live with, within an existing CAO.
A relative of a child can also apply for a CAO providing the child has been living with them for at least one year immediately preceding the application being made.
If a child is in care, then with the consent of the local authority a person can make an application.
A local authority foster parent can make an application provided the child has been living with the foster carer for at least one year preceding the application.
Other conditions do apply so please feel free to contact us if you do not fall within any of the above categories.
What is the procedure?
Unless an exemption applies, you are required to attempt Family Mediation first before making an application to the Court for a CAO. Please see our guidance note on Family Mediation for more details on this process.
If Family Mediation is unsuccessful then you can make an application to the Court using a Form C100. In some circumstances, you may also need to complete a Form C1A as well if there are any allegations of harm.
The Court will then set down a date for your first Court hearing which is called a First Hearing Dispute Resolution Hearing (FHDRA).
Prior to the first hearing, both parties are usually contacted by an officer of the Child and Families Court Advisory and Support Service, also known as Cafcass. The purpose of this contact is to prepare a short report for the first hearing outlining each parties position, the results of background checks with the police and social services on each party and for them to make recommendations as to how the case should be dealt with.
A Cafcass Officer is usually present at the first hearing as well to assist the parties and the Court in determining the right way forward for the case.
What factors are taken into consideration?
Whatever the dispute is, the Court always have to take into consideration that the child’s welfare is their paramount consideration.
In addition to this, they consider the following;
1. the wishes and feelings of the child concerned;
2. the child’s physical, emotional and educational needs;
3. the likely effect on the child if circumstances changed as a result of the court’s decision;
4. the child’s age, sex, background and any other characteristics that will be relevant to the court’s decision;
5. any harm the child has suffered or may be at risk of suffering;
6. the capability of the child’s parents (or other relevant people) in meeting the child’s needs, and;
7. the powers available to the court.
The court must also be satisfied that making an order is better for the child than not making an order at all.
The above is a very brief overview of the process with regards to seeking a Child Arrangements Order so please feel free to contact us to discuss your specific circumstances further.
You can contact us via email on info@boselegal.co.uk or via telephone on 07539 744144.