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What is a Child Arrangement Order?
A Child Arrangement Order (CAO) is a court order that determines where a child will live and who they will spend time with.
Section 8 of the Children Act 1989 outlines the legal framework for child arrangements in the UK and can be invoked when parents cannot agree on child arrangements post-separation.
If you are unable to agree on child arrangements, you might consider applying for a Child Arrangement Order pursuant to Section 8 of the Children Act 1989.
The court can establish where a child resides and how much time the child spends with each parent.
The court can also make decisions on specific issues, such as:
- Where a child will go to school
- Whether a child should undergo medical treatment
- Where a child’s passport should be kept
- Whether a child’s name should be changed
Further, the court can make orders prohibiting one or both parents from:
- Removing the child from the other parent’s care
- Removing the child from the country
It's crucial to note that child arrangements are treated separately and independently from divorce and financial remedy applications.
To navigate the process effectively, you must seek guidance from a family law expert who can assist you in completing the required forms and responding and complying with court directions.
Your family solicitor will also provide insights on the likely outcome of your Child Arrangement Order application.
How Our Child Arrangement Solicitors Can Help
Our dedicated child arrangement solicitors assist parents, grandparents, guardians, and family members in resolving disputes regarding child arrangements.
Whether you need guidance in negotiating an agreement amicably or require court representation, we provide expert legal support, including:
- Negotiating Agreements - We help parents reach amicable solutions through mediation and negotiation, avoiding court proceedings where possible.
- Applying for a Child Arrangement Order- If an agreement cannot be reached, we will guide you through the court application process, ensuring your child’s best interests are represented.
- Enforcement of Child Arrangement Orders - If a parent fails to comply with an order, we assist in enforcement proceedings to uphold an order.
- Modifying an Existing Order - If circumstances change, we help clients apply for a variation to ensure arrangements remain in the child's best interests.
- Grandparents’ Rights - We advise grandparents and other family members on how to secure contact with a child when access is denied.
- Emergency Applications - We assist with urgent applications when immediate action is required to protect a child’s welfare.
- Parental Responsibility and Child Arrangement Orders - Our solicitors advise on how a Child Arrangement Order may impact parental responsibility and can assist with an application for Parental Responsibility.
- Specific Issue and Prohibited Steps Orders - If disputes arise over a child’s upbringing, such as schooling or relocation, we provide legal support for obtaining Specific Issue or Prohibited Steps Orders.
Child Arrangement Orders FAQs
How do I apply for a Child Arrangement Order?
You must complete a C100 form and submit it to the court.
Mediation is usually required before applying unless exceptional circumstances apply.
How long does a Child Arrangement Order take?
The time required to secure a Child Arrangement Order depends on the case's complexity and the court's timetable. Obtaining a final order may take several months to over a year. The court prioritises cases centred on child protection and welfare.
What factors can impact the duration?
The duration for achieving a Child Arrangement Order hinges on whether an agreement can be reached.
Once an application has been made, the court will schedule a first hearing, involving both parties.
During this hearing, the Judge or Magistrate will clarify which aspects can be agreed upon, assess potential risks to the child, and promote a consensus.
CAFCASS will have reported to the court in advance regarding any welfare issues to consider.
If an agreement is reached and there are no welfare concerns, it is possible to agree on a final Child Arrangements Order at the first hearing.
However, if no agreement is established, a timeline for subsequent steps will be outlined.
This could involve additional mediation or participation in a Separated Parents Information Programme or a full report by CAFCASS.
What issues can family courts decide?
When parents are separating, divorcing, or seeking civil partnership dissolution and cannot agree regarding their children's arrangements, they may seek assistance from the Courts. In England and Wales, specialist Family Courts address these issues.
The Family Courts have the authority to issue a Child Arrangement Order specifying the child's residence and the time spent with the other parent.
When should I apply to the courts for a Child Arrangement Order?
If communication between parents breaks down or one parent restricts access to the child, applying for a Child Arrangement Order may be necessary.
What rights do parents have under a Child Arrangement Order?
A Child Arrangement Order sets out each parent's legal rights and responsibilities regarding their child’s upbringing.
What types of child arrangements are available?
Common arrangements include shared care, sole residency with contact arrangements, supervised contact, and indirect contact (e.g., phone or video calls).
What factors do courts consider when making a Child Arrangement Order?
The child's well-being is the Court's top priority.
The Court must evaluate specific welfare issues, including:
- The child's wishes and feelings
- Their physical, emotional, and educational requirements
- The potential impact of any change in the child's situation
- The child's age, gender, background, and attributes
- Any actual or potential harm
- The ability of both parents to satisfy the child's needs.
Can I modify a Child Arrangement Order?
Yes, you can apply to vary an existing order if circumstances change. You must demonstrate that the modification is in the child's best interests.
What happens if a parent breaches a Child Arrangement Order?
If a parent does not follow the order, you can apply to the court for enforcement, which may result in penalties or adjustments to the arrangement.
Can grandparents apply for a Child Arrangement Order?
Yes, but grandparents usually need to obtain court permission before applying.
Grandparents may seek to apply for a CAO when they have been primary caregivers or when the parents deny access.
What is the difference between a Child Arrangement Order and a Parenting Plan?
A Parenting Plan is an informal agreement between parents, whereas a Child Arrangement Order is legally binding and enforceable by the court.
Why Work With Our Child Arrangement Solicitors?
- Specialist Expertise - Our experienced family law solicitors are highly skilled in handling complex family disputes.
- Recognised Excellence - We are recognised by The Legal 500 as leading family law experts, demonstrating our outstanding reputation in the legal sector.
- Resolution Members - Our family law team are proud members of Resolution, the UK’s largest organisation of family lawyers, dedicated to resolving disputes constructively and amicably. A number of our experts are also Accredited Specialists in complex work involving children.
- Award Nominations - We were shortlisted for Family Law Firm of the Year (North) and Financial Remedies Team of the Year (National) at the Lexis Nexis Family Law Awards 2022 and 2023.
- Comprehensive Legal Support - Our team collaborates closely with internal specialists in property, employment, corporate, and commercial law to provide a fully integrated service tailored to your financial and legal needs.
- Partner-Led Service - You’ll benefit from direct access to senior solicitors, ensuring you receive the highest level of legal support throughout your case.
- Responsive and Efficient - With a large, dedicated team, we have the capacity to meet tight deadlines without compromising on quality.
- Seamless Communication - As a full-service law firm operating from a single office, our departments work collaboratively, ensuring a smooth and efficient service.
- Innovative Approach - We leverage the latest legal technology to deliver exceptional client service, regardless of your location.
- Ongoing Legal Insights - We keep our clients informed through regular blogs, social media updates, and expert contributions on local radio.
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Meet Our Family Solicitors
Home-grown or recruited from national, regional or City firms. Our family lawyers are experts in their fields and respected by their peers.
Contact Our Child Law Solicitors
You can contact a member of our team using the contact form below or by phoning us on
0161 941 4000
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