Child Arrangement Orders (CAOs)
Child Arrangement Orders decide:
- Where a child will live (previously known as ‘residence orders’).
- How a child will spend time with each parent (formerly ‘contact orders’).
- Legal Basis: Made under the Children Act 1989.
- Purpose: Focuses on the child’s best interests as the paramount consideration.
- Key Factors Considered by the Court:
- The child’s physical, emotional, and educational needs.
- The parents’ ability to meet these needs.
- Any harm the child has suffered or is at risk of suffering.
- The child’s wishes and feelings, considering their age and understanding.
To apply for a Child Arrangement Order, use Form C100. Find out more about completing Form C100.
Prohibited Steps Orders (PSOs)
A Prohibited Steps Order prevents a parent from making specific decisions about a child without the court's permission.
- Common Uses:
- Preventing a parent from taking a child out of the country.
- Stopping a child’s surname from being changed.
- Blocking a move to a new school.
- Key Considerations:
- The child’s welfare remains the paramount concern.
- The court evaluates whether the proposed action might harm the child.
PSOs can be applied for independently or as part of broader family law proceedings.
Specific Issue Orders (SIOs)
Specific Issue Orders resolve disputes over particular aspects of a child’s upbringing.
- Common Applications:
- Deciding which school a child should attend.
- Determining whether a child should undergo medical treatment.
- Deciding on religious practices or upbringing.
- Court Process:
- Both parents present their arguments and evidence.
- The court’s decision is based on the child’s welfare and best interests.
- Key Factors Considered:
- The child’s wishes and feelings.
- Their physical, emotional, and educational needs.
- The potential effect of any changes to their circumstances.
Financial Remedy Orders
Financial Remedy Orders address financial arrangements during divorce or separation.
- Types of Orders:
- Maintenance payments (spousal or child maintenance).
- Lump sum payments.
- Division of assets, including property.
- Pension sharing or offsetting.
- Key Factors Considered by the Court:
- Each party’s income, earning capacity, and financial resources.
- Financial needs, obligations, and responsibilities.
- The standard of living during the marriage.
- The age of each party and the length of the marriage.
Applications for financial orders are often submitted using Form A. Learn more about Financial Remedy Orders.
Non-Molestation Orders
Non-Molestation Orders protect individuals from harassment, abuse, or violence by a partner, ex-partner, or family member.
- Purpose: To safeguard the victim by prohibiting the abuser from threatening, harassing, or pestering them.
- Duration: Typically lasts 6-12 months but can be extended if necessary.
- Key Features: Breaching a Non-Molestation Order is a criminal offence and can lead to arrest.
Applications are made under the Family Law Act 1996 and can often be expedited for urgent cases.
Occupation Orders
An Occupation Order regulates who can live in the family home and may exclude a party from the property.
- Common Uses:
- Protecting victims of domestic abuse by removing the abuser from the home.
- Deciding who stays in the property during divorce or separation disputes.
- Eligibility: Applicants must have a legal right to the property, such as ownership or tenancy.
- Factors Considered:
- The housing needs of both parties.
- The welfare of any children involved.
- The financial resources of both parties.
- The health, safety, and well-being of the applicant.
Learn more about Occupation Orders and how to apply here.
Additional Court Orders to Know
- Emergency Protection Orders (EPOs):
Used to remove a child from a harmful situation immediately. Often applied for by local authorities. - Enforcement Orders:
Issued when a party fails to comply with an existing court order, such as a Child Arrangement Order. - Clean Break Orders:
Ensures no future financial claims can be made between divorcing parties. - Mesher & Martin Orders:
Delay the sale of a family home, often to provide stability for children until they reach adulthood.
Key Resources for More Information
- GOV.UK: Family Court Orders
- CAFCASS: Helping Families Make Decisions for Children
- Advicenow: Family Court Guides
- Support Through Court: Free Help for Litigants in Person
Final Thoughts
Understanding the different types of family court orders is essential when navigating family law cases. Each order is designed to resolve specific disputes while prioritising fairness and the welfare of any children involved. Thorough preparation and understanding of these orders will empower you to approach your case with confidence. For personalised advice, consult a legal professional or one of the trusted resources above.
Beginner’s Guide to Family Law: