Child Arrangements Order (CAO): Understanding the Modern Terminology
In April 2014, the term ‘contact order’ was removed from the Children Act 1989 and replaced with the more inclusive Child Arrangements Order (CAO). This change simplified the terminology and aims to focus on the child’s welfare without the loaded connotations of previous terms like “contact” and “residence.”
What Does a Child Arrangements Order Do?
A Child Arrangements Order settles:
- With whom a child is to live, spend time, or otherwise have contact.
- When a child is to live, spend time, or otherwise have contact with any person.
These definitions are equivalent to the old terminology:
- “Is to live” replaces the term residence order.
- “Spend time” replaces the term contact order.
Understanding this new terminology is crucial when negotiating with the other parent or presenting your case in front of a judge.
What is Contact Under a Child Arrangements Order?
Previously, a contact order required the primary carer (the person the child lived with) to allow the child to:
- Visit or stay with a named person (staying contact).
- Have indirect contact, such as through telephone calls, letters, or video chats.
Now, these arrangements are defined within the framework of a CAO. Importantly, a residence arrangement does not need to be in place for a court to issue an order about contact.
Types of Contact Arrangements
Contact arrangements under a CAO can vary widely, depending on the child’s circumstances and the level of parental cooperation. Examples include:
- Minimal contact, such as occasional visits or indirect contact.
- Substantial staying contact with one parent or even a near-equal share of parenting time.
- Detailed arrangements specifying days, times, and handover protocols to avoid misunderstandings.
- General guidelines if there is a higher degree of parental cooperation.
Agreed vs. Court-Imposed Orders
Most contact arrangements are made by consent, with the agreement recorded by the court. These agreements often result from negotiations between parents, with guidance from their advisors and sometimes the court itself.
If parents cannot agree, the court will impose an order based on the child’s best interests. However, courts generally prefer agreements by consent, believing they are more likely to be adhered to in the long term.
Evolving Terminology in Family Law
The previous terms “contact” and “residence” carried emotionally charged connotations, often creating tension between parents. The updated terminology aims to neutralise these terms. Moving forward, there is hope for even more inclusive phrases, such as ‘shared parenting orders’ or ‘parenting arrangements,’ to promote cooperation and reduce conflict.
Conclusion
The introduction of the Child Arrangements Order reflects a shift in family law towards language that prioritises the child’s welfare and reduces conflict between parents. Whether you are negotiating arrangements or applying for a CAO through the court, understanding this terminology is essential.
For help navigating the process, check out our free guide to completing Form C100, designed to make your application as straightforward as possible.