Welcome to our comprehensive guide on Child Arrangement Orders (CAOs) in the UK. This blog will explain everything you need to know about CAOs, including their purpose, types, and how to apply for one. Whether you're dealing with child custody issues or simply want to understand family law better, this guide is designed to provide clear, practical information. For your convenience, we've included a table of contents, so you can easily navigate to the specific sections you need without reading the entire blog.
- What is a Child Arrangement Order (CAO)?
- Legality of a Child Arrangement Order
- Types of Child Arrangement Orders
- Who Can Apply for a CAO?
- How to Apply for a Child Arrangement Order?
- How Long Does It Take to Get a Child Arrangement Order?
- Cost of a Child Arrangment Order in the UK
- Duration of a Child Arrangements Order in the UK
- How McKenzie Friend Services Can Help with CAO?
What is a Child Arrangement Order (CAO)?
A Child Arrangement Order (CAO) is a legally binding agreement made in court that sets out how your children will spend time with each parent after separation. It replaces the older terms "residence order" (where the child lives) and "contact order" (how often they see the other parent).
Think of it as a roadmap that ensures clear communication and avoids confusion about your child's living arrangements.
Here's what a Child Arrangement Order can help you achieve:
- Clarity and Stability: A CAO removes confusion and sets clear expectations for everyone involved, reducing conflict and stress for both parents and children.
- Reduced Conflict: A formal agreement helps minimise disagreements and arguments between parents about childcare.
- Child's Best Interests: The court prioritises what's best for your child. This is to ensure their living arrangements and contact with each parent are in their best interests.
Legality of a Child Arrangement Order
A CAO is a legally binding agreement. This means both parents must stick to the arrangements outlined in the order. If one parent breaches the order, the other parent can take legal action to enforce it.
Types of Child Arrangement Orders
There's no "one size fits all" approach. The court will consider your unique situation and create an order that best suits your child's needs. Here are some common types:
- Living with one parent: The child lives primarily with one parent and spends set times with the other.
- Shared residence: The child splits their time between both parents' homes.
- Indirect contact: Contact happens through phone calls, video chats, or letters if direct contact isn't possible.
Who Can Apply for a CAO?
Child Arrangements Orders fall under the category of family law court orders. Any parent, guardian, or person with a significant interest in the child's welfare can apply for a CAO. This includes stepparents, grandparents, or other family members who play an important role in the child's life and well-being. The court will consider what is in the best interests of the child when determining whether to grant the order.
How to Apply for a Child Arrangement Order?
The process for applying for a CAO can be complex. Here's a simplified overview:
- Gather information: Compile details about your child's current living situation, desired arrangements, and any communication issues.
- Consider mediation: If you haven't explored mediation, this may be recommended before applying to court.
- Complete the C100 form: This is the application form for a CAO. Legal guidance can help ensure you complete it correctly.
- Submit the application: File the completed form at your local family court.
- Court proceedings: The court may request a mediation information and assessment meeting (MIAM) or a CAO hearing.
How Long Does It Take to Get a Child Arrangement Order?
On average, a Child Arrangements Order takes about 6 to 12 weeks. But, the timeframe can vary depending on the complexity of your case and whether mediation is successful. Simple, uncontested cases mediated to an agreement may be resolved within a few weeks. More complex cases going through court can take several months.
What Happens if a Parent Breaches the CAO?
If a parent breaches the Child Arrangements Order, the other parent can take the matter back to court. The court can enforce the order, and the parent who breached it may face penalties, including fines or changes to the order. Please note that, it's crucial to follow the CAO to avoid legal consequences.
Cost of a Child Arrangment Order in the UK
The cost of obtaining a CAO can vary depending on various factors, including legal fees, court fees, and additional expenses associated with the application process. To apply for the order, you must pay the court fee of £237, unless you qualify for an exemption. You also need to consider the fees charged by your solicitor. While you don't need a solicitor, it's wise to get advice from an experienced family lawyer because family law can be complex. You can also seek help from our qualified McKenzie Friends, who provide affordable support during this process.
Duration of a Child Arrangements Order in the UK
A CAO typically remains in place until your child turns 16, regarding contact arrangements. The "live with" element usually remains valid until they reach 18. Enforcement beyond 16 is uncommon unless exceptional circumstances exist.
It is essential to review the terms of the CAO periodically and seek legal advice if modifications or extensions are necessary.
How McKenzie Friend Services Can Help with CAO?
Applying for a Child Arrangement Order in the UK can be stressful and expensive.
Legal jargon, court procedures, and emotional stress can make it hard to know where to turn. That's where your friendly McKenzie Friends come in.
We specialise in supporting parents through child arrangement order (CAO) cases. We understand family law and can guide you through every step of the process, from understanding your options to navigating mediation or court proceedings.
Think of us as your knowledgeable companion on this journey. We'll provide clear explanations, help you gather necessary information, and ensure you feel prepared and supported throughout. And because we're McKenzie Friends, our services are much affordable alternative to traditional legal representation.
If you need help filling out a C100 form for your child arrangement case or require assistance in any way, please reach out to us. Submit an online form or call us at 0121 582 2499. We're here to support you.