Many separating parents manage co-parenting arrangements informally, without any court involvement. This works well when both parents can communicate and agree. But when arrangements break down or conflict makes agreement impossible, a Child Arrangements Order provides a legally binding framework.
What is a Child Arrangements Order?
A Child Arrangements Order (CAO) is a court order that sets out where a child lives, how much time they spend with each parent, and any other relevant arrangements. It replaced the old "residence" and "contact" orders in 2014.
Do you need one?
You do not need a CAO if both parents can agree and stick to arrangements. Many families co-parent perfectly well without one. A CAO becomes necessary when:
- You cannot agree on arrangements
- Arrangements are repeatedly not followed
- One parent is preventing the other from seeing the children
- There are concerns about a child's safety or welfare
- One parent wishes to relocate with the children
How to apply
Before applying to court for a CAO, you must generally attend a MIAM (a Mediation Information and Assessment Meeting) unless an exemption applies. The court application is made using form C100.
How child arrangements orders work
A child arrangements order is a court order made under Section 8 of the Children Act 1989. It replaces the old residence and contact orders and sets out both where the children live and how much time they spend with each parent. The order can be made by consent or imposed by the court after a contested hearing.
What the court considers
In making any decision about children, the court applies the welfare checklist from the Children Act 1989. The paramount consideration is the child's welfare. The checklist includes the child's wishes and feelings, their physical and emotional needs, the likely effect of any change in circumstances, any harm they have suffered or are at risk of suffering, and the capability of each parent to meet the child's needs.
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