As part of a Child Arrangements Order (CAO), the court may set out which parent the child “lives with”, and if this is not shared between the parties, how often and when they will spend time with the other parent. There are certain benefits that come with being the named parent in the CAO which this article discuss in more detail.
As part of a Child Arrangements Order (CAO), the court may set out which parent the child “lives with”, and if this is not shared between the parties, how often and when they will spend time with the other parent. There are certain benefits that come with being the named parent in the CAO which this article discuss in more detail.
If you have a family law issue and require legal advice to understand your options, contact specialist divorce solicitor Jemma Slavin of Stowe Family Law. Regional Director at this well-respected specialist family law firm, she is committed to offering a bespoke service to her clients which focuses on their specific needs and objectives.
Right to take a child out of the UK
If you are named as the parent the child lives with in a CAO, you have the right to take your child abroad for up to one month without the consent of the other parent or needing to obtain the court’s permission. If there is a CAO in place but you are not named as a parent your child lives with, then you will not have this right and you will need to obtain the other’s permission.
If you are named in the CAO as the parent your child lives with, and want to take them overseas for longer than one month, you will need the agreement of the other parent to do this. If they do not agree, then you will need to apply for a specific issue order.
Confers parental responsibility
If a parent without parental responsibility is named as the parent the child lives with, they will acquire it as part of the order. In the same way, if another family member, such as a step-parent or grandparent, has the standing to make an application, the court can also make a lives with order in their favour, which again, confers parental responsibility on them. PR will then be shared alongside the child’s parents. The person named in a CAO can make most important decisions on behalf of the child without needing the permission of the parents. It will last until the child reaches the age of 18, unless the court states otherwise.
Sets out when the other parent has contact with the child
A CAO can set out when the non-resident parent sees the child, and may also include other forms of indirect or remote contact, such as email and Skype. Setting out a schedule of contact in this way helps provide certainty for the child and both parents, who will all know when and where the contact will happen. The court views contact with both parents to be in the child’s best interests unless there are welfare concerns.
Who can apply for a child arrangements order?
The following people can apply for a child arrangements order:
- A parent, guardian, or special guardian
- A step-parent or another person who holds parental responsibility for the child via a parental responsibility order or agreement
- Anyone who already has a “lives with” child arrangements order in their favour
- Any person who has parental responsibility by being named in a child arrangements order for the child to have contact/spend time with them
- Someone who has the consent of everyone holding parental responsibility for the child, or everyone who has a “lives with” order in their favour
- Any person in a marriage or civil partnership where the child is a child of the family (such as a step-parent)
- If the child is in local authority care, a person who has the authority’s consent
- A foster parent or other relative, if the child has lived with them for one year immediately before making the application
- Anyone who the child has lived with for a period of three years
Anyone who falls outside any of the above categories will need the court’s permission to apply for a child arrangements order. This includes extended family members such as grandparents, uncles and aunts if none of the above applies.
What is the process for getting a child arrangements order?
The first step is to attend a Mediation Information & Assessment Meeting (MIAM). Since the pandemic, these services are more likely to take place remotely or via telephone, but they can also be carried out face-to-face if this is your preference. The sessions are run by a qualified mediator who will assess if mediation is an appropriate way for the parties to reach an agreement. If there has been domestic abuse or the situation is urgent, you may not need to attend a MIAM.
It is always better to try to reach a settlement out of court proceedings. However, in some cases, mediation doesn’t work or is deemed inappropriate during the MIAM process. An application for a child arrangements order can then be made using Form C100. Once you are ready to submit your application, it will need to be sent to the court most local to the child who is the subject of the application.
What if one parent refuses to stick to the terms of the CAO?
If one parent refuses to adhere to the terms of the CAO, the other party may be able to apply to the court for enforcement. The court will consider the severity and frequency of the breach before it decides to issue an enforcement order.
If the court is satisfied that a breach has occurred, it has the power to enforce the order using various methods, including unpaid work requirements and financial compensation for any financial loss suffered by the other party because of the non-compliance. The court may also vary the original order or refer the parties to a separated parents information programme or mediation. The court can also attach a penal notice to the CAO which means that if a party were to breach it, the other could apply for a committal order, which can lead to them being imprisoned for contempt of court.
Do I need to get a child arrangements order?
If you are in agreement with your ex regarding arrangements for your children, then the court works on the “no order” principle. This means that when considering whether it should make an order, the court must also ensure that it only does so if this would be better than making no order at all. It is the court’s policy that it will not intervene and make an order unless it can be shown that it would be in the child’s best interests to do so, bearing in mind the child’s welfare is its paramount consideration. Arguably, this principle discourages unnecessary orders being made and promotes parental cooperation and agreement.
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