Although the process of separation can be a difficult time for the separating couple, it also causes distress to any children involved.
It is therefore paramount that parents consider future arrangements for any children and establish a co-parenting routine early in the separation process to create a smoother transition for the child.
Parents will need to focus on whom the child shall live with and when the child shall spend time with the other parent. However it is a good idea to agree on all aspects of your child’s upbringing.
If parents can agree, this can be recorded within a parenting plan, however this is not a legally binding document. Should parents wish to make an agreement legally binding, a family solicitor will be able to assist in drafting a child arrangements order ‘by consent’ which can then be filed with the court.
We understand sometimes there are circumstances whereby parents are unable to agree child arrangements in the first instance, which means court proceedings are required. The below will discuss in brief the legal framework behind applying to the court for a child arrangements order.
What is a Child Arrangements Order (CAO)?
A Child Arrangements Order is a legally binding document made by the court which specifies arrangements for whom the child shall live with, when and how often the child shall spend time with the respective parent and any other aspects of the child’s upbringing which remain in dispute between the parents. Such an order is governed under the Children Act 1989 and usually remains in force until the child reaches 16.
Who can apply for a Child Arrangements Order?
Parents who are named on the child’s birth certificate can apply to the court for a CAO. Grandparents, step-parents or guardians may also apply in certain circumstances so long as they have received the courts permission before making an application.
It is important to note that the person applying to the court must have attended mediation before making an application for a CAO.
What factors will the court consider?
When the court consider granting a CAO, the child’s welfare will always be the primary focus.
In each case, the court refers to a ‘welfare checklist’ to ensure the order being granted is in the child’s best interests. The checklist includes the following factors: –
– The child’s wishes and feelings.
– The child’s physical emotional and educational needs.
– Any history of harm to the child or any potential risk of harm.
– Each parents’ capacity to meet the child’s needs.
The court recognises that each case is unique, and the above factors will differ case to case.
In conclusion, a child arrangements order is granted to support the child and both parents by providing a clear and consistent structure for contact whilst also minimising any emotional impact to the child which may be caused by parents separating. It is however preferable to come to an agreement outside of court if possible.
Checklist before applying to the court
1. Speak to your former partner.
2. Seek advice from a family solicitor.
3. Attend mediation.
4. Apply to the court for child arrangements order as a last resort.
Expert Team
Here at Sweeney Miller, we have a family team which is dedicated to supporting all your needs whether it be recording an agreement into a legally binding document, negotiating arrangements on your behalf or preparing and representing you in court. The Sweeney Miller team is on hand to ensure you have the best possible outcome for you and your child.
Call 0191 568 2050 or email amy.linton@sweeneymiller.co.uk