If parties cannot agree or compromise, and mediation fails following a divorce or separation. a CAO (child arrangement order) can be applied from the court to determine who the child lives with and what contact or time he or she will spend with the other parent. Child custody and contact arrangements often become a contentious issue. The court will apply the welfare checklist before making a decision or even if such an order – child arrangement order (CAO) should be made. A child’s best interests are served by maintaining a good, close and loving relationship with both sets of parents. Children of separated parents have a right to be able to spend time with both parents even after a breakdown of their parents’ relationship.
The Welfare Checklist in Children Act Proceedings for a Child Arrangement Order
The seven criteria set out in the welfare checklist under s1(3) Children Act 1989 are:
- The ascertainable wishes and feelings of the child concerned
- The child’s physical, emotional and educational needs
- The likely effect on the child if circumstances changed as a result of the court’s decision
- The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
- Any harm the child has suffered or maybe at risk of suffering
- Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
- The powers available to the court in the given proceeding
The Order will last until the child is 16, or in some exceptional circumstances, until 18. It is an agreement under English family law concerning where a child lives and who a child can have contact with. Child Arrangements Orders replace ‘contact orders’ and ‘residence orders’ and their legal basis is under section 8 of the Children Act 1989. If shared care is ordered, this may not mean that the time is automatically split equally between the parents.
Anyone with Parental Responsibility can apply for a Child Arrangements Order, and this may include a blood parent or step parent. If you do not have parental responsibility of the child, you will need to request permission from the Court to make a separate application for Parental Responsibility.
Read our latest post on guidance from the Government and CAFCASS on Child Arrangement Order during COVID.