When you're unable to reach an agreement about the children

A Child Arrangements Order (CAO) is typically required when parents or guardians are unable to reach an agreement regarding the living arrangements, contact, or other specific issues related to a child. It is a legal order issued by a court to determine where a child should live, who they should have contact with, and when.

Here are some situations in which you might need a Child Arrangements Order:

The Court can make a 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 a person. There are a wide range of Spends Time With Orders that can be made depending on the circumstances to include:

i) Indirect – this would be by letter/card, email, telephone or video call.

ii) Supervised – One to one supervised contact using a Contact Centre or an agreed third party.

iii) Supported – In a Contact Centre but not one to one supervised. Usually this would be in a communal space which other families are using.

iv) Visits – This would be on specified days and times but not include overnight stays.

v) Stays – Specified dates and times for overnight stays.

The Court can order shared care.  This does not necessarily mean an equal split of time.  It is possible for a Court to say 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.

No Order Principle

A Court must only make an Order for a child if this is better for the child than not making an Order. The “no order principle” does not create a presumption one way or the other but asks the court to consider whether there will be a benefit to the child if an order is made.  It is intended the principle will discourage unnecessary orders being made and promote parental agreement.

To find out how our family team can help you with solving issues surrounding a child’s care, please get in touch with Alison Hall on 01689 887887.