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Child Arrangement Order Solicitors

At Bell Lamb & Joynson, we have a leading team of Child Arrangement Order solicitors who specialise in family law. Our highly experienced solicitors are here to guide you through legal arrangements for children during the course of family breakups, including times of separation and divorce.

 

Child Arrangement Orders

A Child Arrangement Order (CAO) is a court order that specifies the arrangements for a child after separation or divorce. It can prove difficult for parents to make arrangements for their child/children after parting ways, especially if ongoing disputes are involved.

When parents are unable to agree on arrangements for their child, such as where they’ll live or how often they’ll spend time with each parent, a Child Arrangement Order may be required. There are two sides to a Child Arrangement Order:

  1. Live With – Live With: Child lives with both parents
  2. Live With – Spend time With: Child lives with one parent and spends time with the other

A Residence Order previously covered who a child will live with, and a Contact Order previously covered where a child spends time with. In UK family law, a Child Arrangement Order has replaced both Residence Orders and Contact Orders - a decision made by the Children and Families Act in 2014 to benefit the child's needs.

 

Who Can Apply for a Child Arrangement Order?

Section 10 of the Children Act 1989 sets out the categories of persons who may apply for a Child Arrangements Order as of right, and those who require the Court’s permission (leave) to apply.

 

Applicants Not Requiring the Court’s Permission (Leave)

The following individuals may apply for a Child Arrangements Order without first seeking the court’s permission:

  • Parents: Any parent of the child, regardless of whether they have parental responsibility
  • Guardians: Any guardian appointed for the child
  • Step-parents: Step-parents who have parental responsibility for the child
  • Individuals with a Residence Order: Anyone named in a Residence Order (now subsumed within Child Arrangements Orders) specifying that the child lives with them
  • Local Authority Foster Parents: If the child has lived with the foster parent for at least one year immediately preceding the application
  • Individuals with Whom the Child Has Lived: Anyone with whom the child has lived for at least three years (this period can be continuous or cumulative within the last five years, and must include at least three months immediately preceding the application)
  • Local Authorities: If the child is in their care
  • Anyone with Consent: Any person who has the consent of all persons named in a Child Arrangements Order as having the child live with them, the local authority if the child is in care, and everyone with parental responsibility for the child

 

Applicants Requiring the Court’s Permission (Leave)

Individuals who do not fall within the above categories must seek the Court’s permission to apply, including:

  • Grandparents (unless they meet the “lived with” criteria above)
  • Other relatives (such as aunts, uncles, siblings)
  • Friends or other persons with a significant connection to the child

When considering whether to grant permission, the Court will have regard to:

  • The nature of the application
  • The applicant’s connection with the child
  • Any risk of the proposed application disrupting the child’s life to such an extent that they should be harmed by it
  • The child’s welfare, which is the Court’s paramount consideration

At Bell Lamb & Joynson, our Child Arrangement Order Solicitors provide trusted guidance to reach the best solution when a child arrangement isn’t agreed. We’ll offer expert legal advice and support during your Child Arrangement Order application, helping you complete important documents while explaining all your options.

 

Child Arrangement Order Application Process

To apply for a Child Arrangement Order in England and Wales, you must attend a Mediation Information and Assessment Meeting (MIAM). A MIAM is held by a professional mediator, who attempts to resolve issues surrounding child arrangements without court intervention. In some cases, such as when domestic abuse has taken place, it isn’t required to attend a MIAM.

If attending mediation fails, you’ll have to complete a C100 form to apply for a court order for a Child Arrangement Order. Once you’ve applied, the Court will decide on a hearing date.

Court hearings help form agreements between parties, but unfortunately, agreements aren’t always reached. This is when further investigations may occur, and reports are given by the likes of the Children and Family Court Advisory and Support Service (CAFCASS).

Before the Court can issue a Child Arrangement Order, it will heavily consider the well-being of the child involved, their feelings, requirements, how the arrangements will impact them, and whether their parent or guardians can fully care for them.

At Bell Lamb & Joynson, you can rely on our solicitors for a Child Arrangement Order to remain on hand, offering all the key information you need to successfully complete an application to the Courts.

 

Contact Our Expert Child Arrangement Order Solicitors

Our dedicated Child Arrangement Order solicitors are ready and waiting to assist you. We’re here to offer a shoulder to lean on as you complete the process of application for a Child Arrangement Order. In certain family law cases, legal aid may be available to cover some or all of your legal fees. Since 1821, our award-winning services have helped many individuals and families across the UK.

Contact our local solicitors for Child Arrangement Orders today to find out more.

 

Child Arrangement Order Solicitors FAQs

Do I need a solicitor for a Child Arrangement Order?

Yes, you will likely need a solicitor for a Child Arrangement Order. Although it’s not a requirement, a Child Arrangement Order solicitor provides expert help and support, which is needed in most cases, especially when circumstances are complex.

How long does a Child Arrangement Order take?

The length of time it takes to finalise a Child Arrangement Order can be anywhere from a few months to a year, depending on the complexity of your case and whether or not an agreement between the parties can be met.

How much does a Child Arrangement Order cost?

Court applications for a Child Arrangement Order currently cost £263. You will also need to consider additional costs throughout the process, such as legal fees. At Bell Lamb & Joynson, we can discuss fees based on your circumstances, remaining fully transparent about our costs.

How do you change a Child Arrangement Order?

You can change a Child Arrangement Order by agreement between both parties, either formally or in writing. If both parties disagree on a change, you’ll have to apply to the family court using the C100 form.

Still got a question? Get in touch!