Child Arrangements Order (CAO)

The following people have an automatic right to apply for a CAO:

a. Any parent, guardian or special guardian of the child
b. Any person who has been named on an existing CAO as a person with whom the child lives
c. Any person who the child has lived with for at least 3 years (if you’re a , in between authority and foster parent or a relative of the child this period can be reduced to 1 year)

Anyone else will have to apply for leave of the court to apply for a CAO. The court will assess the application, the applicant’s connection with the child, and what the risks may be before to deciding if leave should be given.

The court's paramount consideration is the welfare of the child. Factors considered include the child's age, wishes and feelings, the capability of each parent, any risk of harm, and the likely effect of a change in circumstances.

If there is a specific question in terms of parental responsibility that you are not able agree on, the court can rule on this. Any issues related to the child’s upbringing can be brought before the court. This includes, for example, decisions revolving around medical treatment or education.

This is an order by the court that prohibits a parent from taking certain actions without the court’s permission. For example, it can prohibit a parent from making major decisions or prevent certain actions being made without the consent of the other parent.

Parental responsibility gives the right for someone to be involved in important decisions regarding a child’s upbringing. Biological mothers, married fathers or fathers that are named on the birth certificate are automatically given parental responsibility.

If you’re an unmarried father not named on the birth certificate, or a step-parent, or grandparent, or other relative, you must apply to the court for a parental responsibility order. If given, this would give you the right to be involved in the child’s upbringing in terms of important decisions.

Any child arrangements order or agreement should involve specifics regarding holidays and how they are to be agreed. If such an order is in place, you must comply with its directions. Even if there is no order, it is always advised that holidays are agreed with the other parent, especially if you want to go on holiday in a time where they should have contact with the children.

It is important to note that taking a child on holiday without informing others that have parental responsibility can have legal consequences; in particular, it is illegal, and considered kidnapping, if children are taken abroad without the consent of others, unless there is a court order in place covering such details.

Yes, it is encouraged for parents to reach agreements through negotiation, mediation, or collaborative law. Courts generally prefer parents to make their own arrangements, but the court can intervene if an agreement cannot be reached. If you do come to an agreement, you can apply to the court for a consent order to be signed by a judge to ensure the agreement is formalised and enforceable.

A parenting plan is a written agreement between parents that outlines the practical arrangements for the child's care, including living arrangements, schooling, and contact with each parent. It is not a legally binding document but can be used as evidence in court.

Yes, the court may take into account the wishes and feelings of a child, considering their age and maturity. However, the final decision is based on what the court determines to be in the child's best interests.

Shared parenting involves both parents actively participating in the child's upbringing. This could mean the child spends roughly equal time with each parent, or it may involve a different arrangement that ensures both parents play a significant role.

Yes, child arrangements can be changed if there is a significant change in circumstances. Parents may agree on the changes, or an application can be made to the court for a variation of the Child Arrangements Order.

Non-compliance with a court order can have legal consequences. The court has enforcement powers, and a parent may be held in contempt of court, which can lead to fines or other penalties.

While grandparents do not have automatic legal rights, they can apply to the court for permission to make an application for contact or residence. The court will consider the child's welfare as the paramount concern.