Child Arrangement Orders - What you need to know.

The Court can make a Child Arrangements Order (CAO) relating to any of the following:

1. With whom a child is to live or spend time with. The Court can make a Lives With Order (previously known as a Residence Order) setting out who a child lives with or a Spends Time With Order (previously known as a Contact Order) setting out the time a child spends with each parent. There are a wide range of Spends Time With Orders that can be made depending on the circumstances to include:

1. Indirect – this would be by letter/card, email, telephone or video call.
2. Supervised – One to one supervised contact using a Contact Centre or an agreed third party.
3. Supported – In a Contact Centre but not one to one supervised. Usually this would be in a communal space which other families are using.
4. Visiting – This would be on specified days and times but not include overnight stays.
5. Staying – Specified dates and times for overnight stays.
6. Holidays and special occasions can be dealt with.

The Court can order a Joint Lives With Order or shared care.  This does not necessarily mean an equal split of time.  It is possible for a Court to order that a child lives with one parent on certain days and the rest of the time with the other.

2. Prohibited Steps Order. This is an Order that prevents a person with parental responsibly taking a step specified in the Order without consent of the other party or the Court.  Examples are preventing a child being removed from the jurisdiction or being removed from the care of a named individual.
3. Specific Issue Order. This is an Order dealing with a specific question when the issue cannot be resolved with the other parent.  Examples include approval to remove a child from the jurisdiction for a holiday or permanently to live outside the UK, issues relating to education or medical treatment.

Whenever the court considers any issue concerning children its paramount consideration is the welfare of the child. The court considers several factors including the wishes and feelings of the child depending on their age and understanding together with the child's physical emotional and educational needs, the likely effect on the child of any changing circumstances and how capable each parent is to look after the child.

Procedure

An application is commenced by completion and submission of a Form C100 and payment of a fee and then listed for a First Hearing Dispute Resolution Appointment (FHDRA). In advance of that hearing CAFCASS (Child and Family Court Advisory and Support Service) will prepare a short safeguarding letter for the court.  CAFCASS will speak to the police and social services to ascertain if either parent are known to those services. CAFCASS will also speak briefly to both parents by telephone to discuss their position.

If no agreement is reached at the FHDRA then the court will give directions which can include a direction that CAFCASS prepare a full report speaking to both parents and the children.

The number of hearings there can be vary from 1-3 although in certain circumstances especially when there are allegations of abuse there can be more.

To advice on Child Arrangment Orders, contact Alison Hall on 01689 887703 or email alison.hall@cwj.co.uk