What is a Child Arrangements Order (CAO)? A Complete Guide

Separation and divorce can be emotionally challenging for everyone involved, but children often bear the greatest impact. Protecting their well-being is a priority for most parents, making the arrangements for their care and living situation post-separation a critical consideration. If you cannot agree on arrangements for your children, a Child Arrangements Order (CAO) may be the solution.

In this article, we’ll break down what a Child Arrangements Order is, who can apply for one, and how it ensures your child’s needs are met.

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What is a Child Arrangements Order?

A Child Arrangements Order (CAO) is a legal document issued by the family court that sets out the arrangements for a child or children following a separation or divorce. The CAO clarifies:

• Living Arrangements: With whom and where the child will live. This could be with one parent, both, or another carer. The time doesn’t have to be split equally.
• Time Spent with a Parent: How much time the child spends with the other parent or family members, previously known as a Contact Order.

A CAO can also define the type and frequency of contact, including:

• Face-to-Face Contact: Time spent physically together, including regular visits or overnight stays.
• Holidays and Special Occasions: How time is shared during school holidays or significant events.
• Virtual Contact: Communication via phone, video calls (e.g., Skype or Facetime).
• Supervised Contact: Time spent with a parent under the supervision of a neutral third party.
• Indirect Contact: Communication through letters, cards, or gifts if direct contact is not possible.

The CAO remains in effect until the child turns 16 years old, unless specified otherwise, or 18 in exceptional circumstances.

Who Can Apply for a Child Arrangements Order?

A CAO is most commonly applied for by the child’s parents, but other individuals may also be eligible to apply under certain conditions:

Eligible Applicants

1. Parents: Both biological and adoptive parents can apply for a CAO.
2. Step-Parents or Guardians: If they have played a significant role in the child’s life.
3. Individuals Living with the Child: If the child has lived with them for at least three of the last five years.

Other Applicants

Certain individuals, like grandparents or extended family members, may need permission from the court to apply for a CAO.

• Grandparents: Must first apply for permission from the court unless they have been granted parental responsibility.
• Others: If you don’t have parental responsibility but wish to apply, you’ll need either the court’s permission or the consent of those with parental responsibility.

When Should You Apply for a Child Arrangements Order?

A CAO is often used as a last resort when parents cannot agree on arrangements through negotiation or mediation. Mediation is required in most cases before filing a court application unless an exemption applies, such as cases involving domestic abuse or child safety concerns.

You should consider applying for a CAO if:

• You and your ex-partner cannot reach an agreement on where the child will live or how much time they’ll spend with each parent.
• A parent is obstructing reasonable contact with the child.
• There are concerns about the child’s welfare or safety.

How to Apply for a Child Arrangements Order

Step 1: Attend a Mediation Information and Assessment Meeting (MIAM)

You’ll need to attend a MIAM to explore whether mediation could resolve the dispute before applying to court.

Step 2: Complete a C100 Form

The C100 form is the official application for a CAO. You can complete this form online or submit a paper version to your local family court.

Step 3: Pay the Court Fee

As of now, the court fee for a C100 application is £232, though exemptions may apply if you’re eligible for legal aid.

Step 4: Submit Supporting Documents

Attach any relevant documents, including evidence of completed mediation (or an exemption), and details about the child’s current arrangements.

Step 5: Attend Court Hearings

The court may schedule multiple hearings to discuss and finalize arrangements, including a First Hearing Dispute Resolution Appointment (FHDRA) where parents are encouraged to agree on arrangements.

How Does the Court Decide on a CAO?

The child’s welfare is always the court’s primary consideration. Judges will evaluate:

• The child’s physical, emotional, and educational needs.
• Any risk of harm to the child.
• The child’s wishes and feelings, depending on their age and understanding.
• The ability of each parent to meet the child’s needs.

The court aims to ensure that the child maintains meaningful relationships with both parents, as long as it is safe and in their best interests.

Benefits of a Child Arrangements Order

• Clarity: A CAO provides a legally binding arrangement, reducing ambiguity and potential conflicts.
• Enforcement: If one parent breaches the order, the other parent can seek enforcement through the court.
• Child’s Best Interests: Ensures decisions are made with the child’s welfare as the top priority.

Need Help with a Child Arrangements Order?

Navigating the legal process for a CAO can be overwhelming, but you don’t have to face it alone. Family Law Decisions offers experienced guidance to help you achieve the best possible outcome for your child.

For more information, contact us today for a free confidential consultation, or visit our Child Arrangements Orders Page for additional resources.