When parents separate or divorce, determining where and with whom a child will live, and how they will maintain relationships with both parents, becomes paramount. A Child Arrangement Order (CAO) is a legal solution provided by the Family Court to formalise these arrangements.
What Is a Child Arrangement Order?
A Child Arrangement Order is a court order that outlines:
- Where a child will live
- When and how a child will spend time with each parent
- Other forms of contact
These orders are governed by Section 8 of the Children Act 1989 and are designed to provide clarity and stability for children post-separation.
Who Can Apply for a Child Arrangement Order?
Applications can be made by:
- Parents with parental responsibility
- Individuals with permission from the court
Typically, you must be at least 18 years old to apply. If you do not have parental responsibility, you may still apply, but you will need to seek the court’s permission first.
At ICONIQ Solicitors, we specialise in guiding families through the complexities of child arrangement disputes, ensuring that the best interests of the child remain the focal point.
The Application Process
- Mediation Information and Assessment Meeting (MIAM): Before applying to the court, you must attend a MIAM, unless exempt (e.g., cases involving domestic abuse). This meeting helps determine if mediation is a viable option.
- Filing the Application: Submit a completed C100 form to the Family Court. This can be done online or via paper application.
- Court Hearing: If mediation is unsuccessful, the court will schedule a hearing to assess the case and determine the appropriate arrangements. Several hearings can take place.
- Final Order: If the court agrees with the proposed arrangements, a Child Arrangement Order will be issued, legally formalising the decisions.
Costs Involved
The current court fee for applying for a Child Arrangement Order is £263. However, fee waivers or reductions may be available for those on low income or certain benefits.
Need Help with Child Arrangement Order?
Get clear, practical advice from a team that listens and delivers results. Contact us today to get started.
Modifying or Enforcing an Order
Circumstances can change, and you may need to:
- Vary an Order: If both parties agree, the order can be modified. If not, you may need to apply to the court to vary the order.
- Enforce an Order: If one party is not complying with the order, enforcement actions can be taken, including fines or other penalties.