What Does a Child Arrangements Order Do?
A Child Arrangements Order addresses:
- 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.
The CAO combines the principles of the former residence order and contact order:
- “Is to live” corresponds to the previous residence order, determining the primary home of the child.
- “Spend time” corresponds to the previous contact order, setting out arrangements for time spent with the non-resident parent or other individuals.
What Was a Residence Order?
Before the introduction of the CAO, a residence order:
- Settled the living arrangements for a child, specifying with whom the child would live.
- Could be made in favour of a parent, relative, or any other individual deemed suitable.
- Granted parental responsibility (PR) to individuals named in the order who did not already have it (e.g., grandparents or guardians).
It’s important to note that while a residence order determined where the child lived, it did not stipulate who would care for the child on a day-to-day basis.
Understanding the Transition to CAO
The CAO’s broader and neutral language promotes a cooperative approach to co-parenting. When negotiating arrangements or presenting your case to the court, it’s essential to understand and use the updated terminology:
- Instead of focusing on “residence” or “custody,” the emphasis is now on arrangements that prioritise the child’s welfare.
- Courts aim to avoid labels that may imply greater rights for one parent, instead encouraging shared parenting wherever appropriate.
Conclusion
The introduction of the Child Arrangements Order has modernised family law by unifying residence and contact under a single order. It allows for a more holistic approach to parenting arrangements, ensuring that decisions are made in the child’s best interests.
If you need assistance with a CAO application, we’re here to help. You can also explore our free guide to completing Form C100, which simplifies the process for parents navigating the family court system.