Individual / Family
Gorvins’ Family Law solicitors are specialists in children matters and will guide you through the process of achieving a child arrangement order should one be necessary.
Taking legal advice before embarking on any court process is prudent and especially so when the outcome will be an order defining who your child(ren) will live with following separation / divorce and / or and how much time the child should spend with the other parent.
Call us on 0161 930 5151, e-mail familyteam@gorvins.com, or fill in our contact form opposite and a member of the family law team will call you back at a time to suit you.
A Child Arrangement Order (CAO) is an order that regulates the day-to-day arrangements for a child or children. The CAO will detail who the child shall live with (previously known as residence / custody), spend time with (previously known as contact / access) and will usually set out the days and times when the child will be with each parent.
A CAO may provide for the child to live with one parent only or it may provide for the child to live with both parents. The arrangement does not have to equally split the child’s time with each parent to be a joint lives with order.
A child’s parent (mother or father) can always apply for a CAO, as can a child’s step-parent, guardian, or anyone with whom the child has been living for at least three of the last five years. Other people may apply for a CAO as long as they have the consent of those with parental responsibility and the court.
It will usually take between 4-6 weeks after you apply to receive a court date. However, there is no set time limit for how long it will take for a final determination to be made by the court if such is required. The length of time between requesting a CAO and achieving one is highly dependent upon the specifics of your case.
In some cases an arrangement may be agreed at the start of or during the court process. This is usually the preferred outcome as it is more likely to work and will encourage parents to work together in the best interests of their child(ren).
Any complexities in the case may extend the time it takes to achieve a final order and how many times you need to attend court. In some complex cases, a CAO could take between 6-12 months to achieve.
A CAO that regulates who the child should live with will last until the child has reached the age of 18 (unless the court orders an earlier date).
A CAO that regulates when the child is to have contact / spend time with a person will usually end when the child is 16 but in limited circumstances can last until the child is 18.
What is in the child’s best interests is the first concern of the court and therefore there is not one arrangement that is / should be applied to the majority of cases. The aim at all times is to ensure an arrangement is in place which meets the needs of that particular child, is child focused and provides for the child to spend quality time with both parents.
Some families work around an arrangement whereby the child spends set days with each parent, some focus on a rolling number of days, others distinguish between term time and school holidays.
Where possible, the preference is for the parents to agree and the court’s intervention should be seen as a last resort. With the help of a specialist family lawyer, court can often be avoided.
The first concern of the court is the child’s welfare. The Children Act 1989 provides a list of considerations for the court to help make a decision which include:
The wishes and feelings of the child concerned;
The child’s physical, emotional and educational needs;
The likely effect on the child if circumstances changed as a result of the court decision;
The child’s age, sex, background and any other characteristics that will be relevant to the court’s decision;
Any harm the child has suffered or may be at risk of suffering; and
The capability of the child’s parents (or other relevant people) in meeting the child’s needs.
Therefore, each case must be determined on its own facts and in doing so, ensuring the child’s needs are met. The court must also be satisfied that making an order is better for the child than not making an order.
