Negotiating issues of child custody is a very emotional and complex issue. In the UK a Child Arrangement Order (CAO) is put in place which determines a child’s living arrangements and time spent with each parent post break up. This guide is to put it all out there, we will go into the process in detail, also we will look at what challenges may arise and what support is available to parents.
Understanding Child Arrangement Orders
A Child Access Order is a legal issue put forth by a court which details:.
- Residence: Where will the child live and with who.
- Contact: When will the time the child spends with the non resident parent look like, including phone calls or video chats.
Introduced in 2014 by the Children and Families Act CAOs took the place of former ‘Residence’ and ‘Contact’ orders which in turn simplified the language used and which put the child’s welfare at the forefront.
Who Can Apply for a CAO?
At present biological parents are the primary applicants but also other parties may apply.
- Automatically Eligible: Parents, caregivers, stepparents, and those that the child has lived with for at least 3 years.
- With Court Permission: Grandparents and other relations which may not have lived with the child.
The Application Process
Before application most people must go to a MIAM which is a chance to look at alternative dispute resolutions.
- Submitting the Application: If mediation doesn’t work, out put the C100 form and file it with the family court.
- Court Proceedings: Pleadings in court:.
At the first meeting we will look at issues and foster agreement.
o Dispute Resolution Appointment (DRA): At the end of which differences still exist that is the goal of this hearing.
o Final Hearing: In the event of no resolution a judge will decide.
Factors the Court Considers
The best interest of the child is what we consider. The court looks at:.
The child’s views and feelings (as age and understanding allows).
- Physical, emotional, and educational needs.
Impact of what is changed.
- Any risk of harm.
Each parent’s care for their child’s needs.
Duration and Enforcement
A CAO usually is in place until the child is 16 years of age, in some rare cases to 18. If a parent breaks the order without cause the court may see to it that they are made to adhere to it.
- Fines.
- Community service.
- In extreme cases, imprisonment.
Modifying an Existing CAO: FaraniTaylor.com
- Mutual Agreement: Parents may agree to changes and apply for a consent order.
- Court Application: In the case of no agreement, apply to the court for variation of the order.
Challenges Post-Order
Even post implementation of a CAO issues present:.
- Non-Compliance: One parent out of compliance with the order.
- Relocation: Parent’s move, which affects visitation.
- Child’s Changing Needs: As we grow so do the needs and preferences of our children.
In these cases it is best to seek out legal help right away.
Seeking Legal Support
Negotiating CAOs is tough. Through a family law solicitor, you which:
- Expert Guidance: Grasping rights and responsibilities.
- Representation: In court during trial.
- Resolution: Support in mediation and negotiation.
Conclusion
A Family Court Order which deals with issues related to children after a separation is put in place to focus on the best interests of the child. Though the process may at times be complex, by going through it and getting the right support you can achieve a very positive result for all.
