Ensuring the best interests of children in family law matters
Denise Bullock, Head of Family Law at Lennons Solicitors, answers some frequently asked questions about Child Arrangement Orders.
What is a Child Arrangement Order?
In family law, the courts prioritise the welfare and best interests of children. Child Arrangement Order (CAOs) are issued by courts who determine the living arrangements, contact and other aspects of a child’s upbringing when parents cannot agree.
Is it necessary to apply for a CAO?
The Courts adopt a No Order principle, which means that they will not intervene unless there is a dispute between the parents as to who the child will live with or have contact with.
It is only necessary to apply for a CAO if agreements cannot be reached between parents.
What happens if we can’t agree on who our child or children will live with?
Following a dispute between parents regarding where and with whom the child or children should live, as well as how much time they should spend with each party, an application to the court can be issued for a CAO, using a form C100. This may arise due to divorce, separation, or other family breakdowns.
However, to enable an application to be issued to the Court, the parties will have had to considered mediation first.
What will the Court take into account?
The Court will look at Section 1 of The Children Act 1989, considering factors such as the child’s age, wishes and emotional needs, as well as any risks or concerns regarding their welfare.
What happens a CAO is breached?
CAOs are legally binding, but there is the ability to turn the matter back to court in the event that one party does not adhere to the terms of the order.
The family team at Lennons can help you with CAOs, as well a wide range of other family law issues.
We offer all new family clients a free initial meeting with no time limits – this can be online, on the phone or in-person at one of our offices.
Talk to us to see how we can help you.