One of the most pressing concerns for parents when relationships break down is how their children will be cared for, and ensuring that they have a continued meaningful relationship with both parents. Child Arrangement Orders (CAOs) are a legal means of creating stability at challenging times.
What is a Child Arrangement Order?
It determines in which parent home the child will live and for how long. CAOs, which replaced residence and contact orders when they were introduced in the Children and Families Act 2014, gave parents more flexibility around arrangements for children post-separation.
These orders deal specifically with where the child lives (formerly called residence) and when they see their other parent (formerly ‘contact’). Orders by the court can cover to one or both of these aspects, depending on what is specific to the family. For Family Law Solicitors London, visit //bridgelawsolicitors.co.uk/divorce-and-family-law-solicitors/london/
When Are They Needed?
In instances when parents separate or divorce and face disagreement as to living arrangements or who the children have contact with, Child Arrangement Orders are required. They are a legal safety net and will stop the dirty laundry being aired, which would otherwise be bad for children because it is an emotional roller coaster.
The Application Process
Parents have to attend a Mediation Information and Assessment Meeting (MIAM) before they can apply for court — the aim of this is to see if mediation could agree on their differences. This rule underscores the value of trying to resolve disputes out – not in — court.
If mediation isn’t successful or suitable, either parent can make an application to the family court. The application process involves filling out specific forms, paying court fees (though fee remissions may be available), and giving detailed information about the proposed arrangements.
What Courts Consider
When Child Arrangement Orders (the agreements that specify where the child must live and with which parent) are being made, courts always put a greater emphasis on what is in the best interest of your son or daughter. They take account of the child’s physical, emotional and educational needs, how capable each parent is to meeting these requirements for their children – as well as other factors such as age and sex (which can affect wishes & feelings), a change in circumstances or strength of evidence provided.
Moving Forward
Child Arrangement Orders might provide the structure of legal certainty, but co-parenting takes effort for life and requires constant information sharing as well flexibility.
Also, these orders are subject to modification if conditions change materially so as to continue in the child’s best interest long term.
