Going through a separation or divorce can be overwhelming, especially when children are involved. One of the biggest concerns you may have as a parent is deciding where your child will live and how much time they will spend with each parent. This is where a Child Arrangement Order (CAO) comes in.
A Child Arrangement Order is a legal agreement made by the court that sets out who the child will live with, spend time with, and have contact with. It allows both parents the exercise of rights and responsibilities towards their children. Most importantly, the child’s best interests are always put first in any decision made regarding their care.
If you are considering divorce or starting legal proceedings, understanding how a Child Arrangement Order works can help you make informed decisions that are in the best interest of your child. In this article, we’ll break down everything you need to know.
Dealing with divorce or a family legal issue? Our experienced team can provide the help and support you need. Explore our Divorce and Family Law services to learn more about how BGW can help.
How is a Child Arrangement Order established?
A Child Arrangement Order can be requested through the Family Court if parents or guardians cannot reach an agreement regarding the care and living arrangements for their children.
Before applying to the court, parents are required to attempt a Mediation Information and Assessment Meeting (MIAM), unless there are exceptional circumstances, such as domestic abuse or urgent safeguarding concerns.
Mediation provides an opportunity for both parents to discuss their concerns with the help of a trained mediator, aiming to reach a mutual agreement regarding the child’s care. If mediation is unsuccessful, a parent can submit an application to the court using a C100 form.
Once the application is submitted, parents may need to attend a First Hearing Dispute Resolution Appointment (FHDRA), where the court assesses the case and encourages a resolution where possible.
If an agreement is still yet to be reached, further hearings may be scheduled, and reports from Cafcass (Children and Family Court Advisory and Support Service) may be considered.
The court will make a final decision based on the child’s best interests, considering factors such as their wishes and feelings, welfare, living arrangements, and relationship with both parents. The outcome will be legally binding, setting out who the child will live with and spend time with.
Who can apply for a Child Arrangement Order?
Not everyone can apply for a Child Arrangement Order automatically — there are specific groups who have the legal right to do so. These include:
- Parents, guardians, or special guardians of the child.
- Stepparents who have Parental Responsibility or who have treated the child as part of the family.
- Spouses or civil partners if the child is considered part of the family unit.
- Relatives (such as grandparents, aunts, or uncles) if the child has lived with them for at least one year.
- Individuals who have lived with the child for at least three years (within the last five years and not ending more than three months before applying).
- Those with an existing Child Arrangement Order stating the child lives with them.
- Foster parents with local authority consent and meeting specific conditions.
- Individuals who have permission from all those with Parental Responsibility to apply.
- A person with the consent of the local authority if the child is in care.
If you do not fall into one of these categories, you may still be able to apply, but you will need to seek the court’s permission first. The court will consider factors, including your relationship with the child and how the application might impact their welfare.
How long does a Child Arrangement Order last?
The arrangement order typically remains in effect until the child turns 16 years old, unless the court specifies a different timeframe. If there are special circumstances, the order may continue until the child reaches 18 years old.
The order will automatically end if parents reconcile and live together again as a family for a continuous six-month period.
How long does a Child Arrangement Order take?
The timeframe for a Child Arrangement Order can vary depending on the complexity of the case and whether parents can reach an agreement early in the process. On average, it can take between 6-8 weeks for a final order to be granted.
What happens if you breach a Child Arrangement Order?
If you breach a Child Arrangement Order, the court may take action against you, especially if the breach is deliberate and without a good reason. Possible consequences could include:
- A formal warning from the court
- Unpaid work (Community Service)
- A fine
- Compensation for financial loss – If the breach causes the other parent to lose money (e.g., missing a pre-paid holiday), you may have to reimburse them.
- Changes to the order – The court may alter the arrangements, including where the child lives.
- Imprisonment (suspended or immediate) – In serious or repeated breaches, the court may issue a prison sentence.
If you are struggling to follow a Child Arrangement Order, it’s best to apply for a change rather than risk breaking it.
Do I need a solicitor for a Child Arrangement Order?
You don’t need a solicitor to apply for a Child Arrangement Order, but having legal advice can be helpful, especially if the case is complex or disputed.
A solicitor may be useful if the other parent contests the application, leading to a longer process, or if there are safeguarding concerns such as domestic abuse or neglect. You could also benefit if you need help understanding any legal documents and procedures.
If you cannot afford a solicitor, you may be eligible for legal aid if domestic abuse or child protection issues are involved. You can also seek free legal advice from organisations like Citizens Advice and Rights of Women.
Where to Get Legal Advice for a Child Arrangement Order
Going through a separation or legal dispute regarding child arrangements can be challenging, but you don’t have to navigate it alone. At BGW Solicitors, our experienced family law team is here to provide clear, professional, and sympathetic legal advice tailored to your situation.
With over 25 years of experience, we have a long history of helping families across Somerset and the South West find the best possible solutions for their children’s welfare. Whether you need guidance on applying for a Child Arrangement Order, resolving disputes through mediation, or representation in court, we are here to support you.
Contact us today to schedule an initial consultation.
