Child Arrangements Order

When you are going through divorce, your children will always be your biggest concern. Although you will no longer be a couple, but you will remain parents forever therefore putting your children first by overcoming any personal differences for the best interest of your children will always be a priority.

Anyone who has been through divorce will testify that, it is one of life’s most emotional, stressful and challenging experiences. We understand that the issues relating to children can be complex, emotional and very costly at times therefore using the services of child law solicitor who specialises in children matters are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs to mitigate both the stress and the cost for our clients.

Aaryan Solicitors has a very strong and robust family law department. We offer a comprehensive range of matrimonial services to cater for all clients including divorce, separation, financial disputes arising from divorce and separation, children matters arising from the breakdown of a relationship, including residence (custody issues), pre-nuptial and postnuptial agreements, cohabitation agreements and separation agreements, cohabiting couple disputes and associated property disputes. We can also advise on all aspects of civil partnerships.

Our approach is professional and compassionate. We aim to provide all our clients with a first-class service and to assist them through the legalities. We appreciate how difficult it can be to discuss sensitive family issues and your matter will be handled in the strictest confidence.

What is a child arrangements order?

A child arrangements order is an order that regulates arrangements for a child that relate to any of the following:

• Where your child lives
• When your child spends time with each parent
• When and what other types of contact take place (phone calls, for example)

Who can apply for a child arrangements order?

Under the Children Act 1989 certain applicants are entitled to apply for an order on the basis that they are persons who are usually closely connected with the child, while others require permission from the court before they can apply.

The child’s mother, father or anyone with parental responsibility are automatically entitled to apply for a CAO whereas other people, like grandparents, can apply with a permission from the courts first.

What is the difference between a child arrangement order, specific issues order and prohibited steps order?

Child arrangement order deals with where your child lives and spends time with whereas specific issue order is used to look at a specific question about how the child is being brought up, for example:

How long do they last?

A child arrangement order that regulates with whom the child is to live and when, will last until the child is 18, unless the court orders an earlier date. However, if a child arrangements order is about when the child is to have contact with a person will usually end when the child is 16 but in limited circumstances can last until the child is 18.

How to apply for a child arrangement order:

If it is not possible to reach an agreement about time with the children or where they should live, you can apply to the court for an order.

An application made in Form C100 starts off the process of a child arrangement order. However, before you begin court proceedings you are required to attend a mediation information assessment meeting (MIAM).

When the court receives the application, it will set a time and place for you and the other person or people involved to have a first court appointment (called a first hearing dispute resolution appointment (FHDRA).

If agreement cannot be reached the court will identify the outstanding issues and will direct how the case should proceed. The court might order that a Cafcass (Children and Families Court Advisory and Support Service) officer prepares a report to help the judge at the final hearing.

What a court might decide

A court will only make an order if it thinks that would be best for the child. Sometimes a court may decide that it would be best not to make any order.

A court might:

• Make an order;
• Change an order (called ‘varying’ the order); or
• End an order (called ‘discharging’ the order).

If the court makes an order it will be based on what is best for your child. This might mean that you, or the other person, will not get exactly what you have asked for.

Once a case has started a court may make other decisions. These include:

• Giving instructions that people must follow (these are called ‘directions’); or
• Transferring a case to another court

Why Choose Aaryan Solicitors?