A Child Arrangements Order (CAO) is a legal order issued by the Family Court under the Children Act 1989. It sets out the specifics of where a child will live, who they will spend time with, and other important aspects of their upbringing. The primary aim of a CAO is to ensure the child’s welfare and best interests are met.
Disagreements Between Parents
If you and your ex-partner cannot agree on the arrangements for your child, a CAO can provide a clear, legally binding resolution. This can help avoid ongoing disputes and provide a stable routine for your child.
Concerns About Child Welfare
If there are concerns about the child’s welfare, such as issues of neglect or abuse, a CAO can ensure that the child is placed in a safe and supportive environment. The court will always prioritise the child’s best interests.
Formalising Informal Arrangements
Even if you and your ex-partner have an amicable relationship and have agreed on arrangements informally, you might still want to formalise these arrangements through a CAO. This can provide legal certainty and prevent future disputes.
Relocation Issues
If one parent wishes to move to a different part of the country or abroad with the child, a CAO can help resolve disputes about relocation. The court will consider the impact of the move on the child’s welfare and make a decision accordingly.
Grandparents and Other Relatives
In some cases, grandparents or other relatives may seek a CAO to ensure they can maintain a relationship with the child. This can be particularly relevant if the child’s parents are unable to care for them.
Legal Certainty
A CAO provides a clear, legally binding framework for the child’s living and contact arrangements. This can help reduce conflict and provide stability for the child.
Focus on the Child’s Best Interests
The court’s primary concern is the child’s welfare. A CAO ensures that the child’s best interests are the central consideration in any decision-making process.
Enforceability
If one parent does not comply with the arrangements set out in a CAO, the other parent can take legal action to enforce the order. This can provide reassurance that the agreed arrangements will be upheld.
Flexibility
A CAO can be tailored to the specific needs and circumstances of the child and the family. It can include detailed provisions about living arrangements, contact schedules, holidays, and other important aspects of the child’s life.
Mediation
Before applying for a CAO, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM). Mediation can help you and your ex-partner reach an agreement without going to court. At BWS Law we work closely with reputable mediators and other family law professionals, and we can point you in the right direction for your case needs. We can also advise and assist you alongside the mediation process to ensure that you feel reassured of your position.
Application to the Court
If mediation is unsuccessful or not appropriate, we can advise and assist you to apply to the Family Court for a CAO. Our specialist team will prepare the relevant forms and provide information to the court about your circumstances and the proposed arrangements for the child, to ensure that the necessary information is included from the outset.
Court Proceedings
The court will consider the evidence and may hold hearings to determine the best arrangements for the child. We will represent you at those hearings. The court may also involve Cafcass (Children and Family Court Advisory and Support Service) to provide a report on the child’s welfare.
Final Order
Once the court has considered all the evidence, you may reach an agreement to be encapsulated in to an order, or the court will issue a final CAO if necessary. The order will set out the arrangements for the child’s living and contact arrangements for the longer term.
If you are concerned about the arrangements for your children or trying to discuss this with another parent/carer, you would benefit from understanding your options to ensure the best outcome for your child(ren). We offer a reduced rate initial consultation which you can book here or contact us on 01509 232611.
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