For separated families, the joy of the Christmas season can quickly give way to tension as they navigate the delicate task of sharing contact with their children. This can be eased by establishing clear contact arrangements to ensure stability and consistency for their children during the holiday period.
A Child Arrangements Order (CAO) is a legal order made by the court to determine either or both of the following:
- Who the child shall live with;
- Who the child shall spend time with, and for how long.
Who Can Apply?
Anyone with parental responsibility can apply for a CAO. This typically includes the child’s parents. The following also may apply however require court permission:
- Grandparents
- Aunts and uncles
- Guardians
- Individuals who have lived with the child for at least three years
The Court’s Approach
The court follows the ‘No Order’ principle, meaning it will only intervene if the parties are unable to reach an agreement themselves.
The court may issue a shared care order, but only if it is in the child’s best interests and is practical.
The child’s welfare is the court’s paramount consideration.
What the Court Considers
When deciding whether to make a CAO, the court takes into account:
- The wishes and feelings of the child (considered in light of their age and understanding)
- The child’s physical, emotional, and educational needs
- The likely effect of any change in the child’s circumstances
- The child’s age, sex, background, and any relevant characteristics
- Any harm the child has suffered or is at risk of suffering
- The capability of each parent (or relevant persons) in meeting the child’s needs
- The range of powers available to the court
Duration of the Order
A CAO typically remains in effect until the child reaches the age of 16, unless varied or discharged earlier by the court.
In Cases of Risk
In serious cases where the court deems a significant risk to the child, it may order no contact between the child and a parent or other individual. This is only considered when other measures such as supervised contact or indirect contact have proven unsuccessful or inappropriate.
Need Assistance?
If you need help with a CAO, please get in touch with the Family Law Team at BWK Solicitors.
We currently offer a free 30-minute consultation when you book an initial one-hour appointment. Appointments are available at all our office locations.
