In this complete guide to Child Arrangement Orders, our professional team of specialist solicitors answer some of the most common questions related to this topic, including how the entire Child Arrangement Order process works.
Looking to obtain a Child Arrangement Order (CAO) following your divorce, separation, or civil partnership dissolution?
Regardless of whether you’re concerned about how much you’ll get to see your child or would prefer your child to live with you rather than your former partner, you can rely on the expertise of our specialist child arrangement solicitors.
At Freeman Jones Solicitors, our expert family law solicitors can help you to create a child custody arrangement that puts the child’s best interests first. Contact our family law team today
What is a Child Arrangement Order?
A Child Arrangement Order is simply a type of legal order in the UK that states where a child lives as well as who they can have contact with, how long this contact should last, and under what conditions this contact should be given.
These orders are made by the court and are typically sought following a divorce or relationship breakdown when those with parental responsibility cannot agree on children matters.
To prevent the children from being negatively impacted by this disagreement, CAOs are used to provide the children with some stability and fair access to both parents (or anyone else with parental responsibility).
Is a Child Arrangement Order the same as custody?
Child Arrangement Orders have replaced a wide range of terminology that you might have come across previously including ‘custody’, ‘contact orders’, ‘access orders’, and ‘residence orders’. Put simply, these orders are now known as and encompassed in a CAO.
What if you agree on child arrangements?
In many cases, it’s best for the parents (or those with parental responsibility) to decide children matters together in an amicable way.
Even if their relationship is strained, support from a legal professional in the form of mediation can help them to come to an agreeable arrangement.
If you can come to an agreement about child arrangements, then there’s no need to apply for any official order or paperwork.
Instead, you can simply make a record of what’s been agreed using a Parenting Plan if you’d prefer to have your arrangement in writing.
Alternatively, you can make your agreement legally binding by contacting a legal advisor and requesting that they draft a ‘consent order’. You will, however, still need to apply for a consent order through the court if you want to confirm your agreement in the eyes of the law.
How to apply for a Child Arrangement Order
If your case is particularly complex, or you’re struggling to reach a mutual agreement over where your children should live, and how much contact those with parental responsibility should have – you may have no other option than to apply for a CAO.
To do this, you are usually required to attend a mediation meeting, referred to as a mediation information and assessment meeting (MIAM).
However, if you’re applying for a consent order or your case involves certain issues (such as domestic violence), you don’t need to attend a MIAM.
During this meeting which costs roughly £120 per person, you will meet with a professional mediator to learn more about your options and how this process can help you and others with parental responsibility to resolve your child-related disputes before going to court.
If you’re still unable to come to a resolution following your MIAM, you can either apply for a CAO online or using a paper form.
You will need to fill in a Form C100 and either send it off online or via post to your child’s local family court. Please note that postal applications should include three copies of the C100 document.
What happens after I apply for a Child Arrangement Order?
Court action should always be taken as a last resort to prevent unnecessary expenditure, stress, and instability for any involved children, but if you do find yourself in this position, please rest assured that the family law team at Freeman Jones Solicitors can help.
To aid your understanding of how this would work in the UK, we explain the Child Arrangement Order process in more detail below.
From the initial court hearing to the final hearing, you can explore the entire process step-by-step.
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First dispute resolution court hearing
This first hearing is known formally as the First Hearing Dispute Resolution Appointment (FHDRA).
During this first hearing, the judge will hear both cases and determine if an agreement can still be reached between the parties.
If you can agree, a consent order will be written outlining the details of your arrangement.
If you can’t agree, the court will either come to their own judgement based on the best interests of the child or put your case on hold until more information can be acquired.
A new date for a second hearing will then be set, but if mediation attempts before this new hearing results in an agreement, you can return to court to make a consent order instead.
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Interim Contact Order may be issued
In some cases, an Interim Contact Order may be issued after the first hearing to protect the child’s safety while further information is gathered.
This temporary order, which might include supervised visitation for one party, for example, is only active whilst the court is making its final decisions.
During this time, it may also be necessary to hold a fact-finding hearing where both parties can give more evidence or to enlist help from CAFCASS (Children & Families Court Advisory & Support Service) to create a report regarding any safety issues for the parties or children.
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Dispute resolution appointment
Following any fact-finding appointments or CAFCASS reports (if necessary), the judge should move onto the dispute resolution appointment.
Any revelations from the fact-finding hearing or CAFCASS report will be reviewed and an attempt to settle the outstanding children matters should be made.
If both parties still cannot come to an agreement, then you will typically require a final hearing where you may be asked to create a witness statement to support your case.
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Final court hearing
Final court hearings are only required when you haven’t been able to come to an agreement at any stage of the CAO process.
Both parties will give evidence and can even challenge the other party by asking them questions
After the judge has heard everything, they’ll make a decision. A Child Arrangement Order will then be created as outlined by the judge.
How long does a Child Arrangement Order take?
Concerned about how long it will take to receive a finalised Child Arrangement Order?
Unfortunately, there’s no set timescale as the length of this process varies on a case-by-case basis.
However, your first court hearing should be between six to eight weeks after you’ve submitted your application.
From here, it can take anywhere from a matter of months to a couple years to come to an agreement.
If there are safeguarding concerns, those with parental responsibility have a poor or unamiable relationship, or the case is particularly complex and therefore requires more court hearings, it may take significantly longer to achieve a final Child Arrangement Order.
How many hearings do you need for a Child Arrangement Order?
As outlined in the general process of finalising a Child Arrangement Order, several court hearings are typically required before you can obtain a CAO.
Naturally, the more complex your case, the more likely it is that you’ll need to attend more court hearings.
Conversely, if those with parental responsibility have swiftly agreed all children matters, any issues could be resolved in just one hearing.
Do I need a solicitor for a Child Arrangement Order?
Yes, due to the legally binding nature of CAO’s, it’s always best to receive expert help from an experienced child custody solicitor.
Not only can they help you to understand your options, but reputable child custody solicitors will always put the best interests of your children first.
A solicitor can support you with:
- Presenting your case
- Guiding you through the process
- Professional mediation services
To receive free initial legal advice from our specialist team, please don’t hesitate to give us a call today on 01244 506 444.
During your no-obligation, 20-minute consultation, our compassionate team will take the time to understand your circumstances and how we can help you obtain a CAO.
How much does it cost to get a Child Arrangement Order?
When obtaining a CAO, it’s important to take into account the potential costs, so you’re not surprised by any unexpected fees once you’ve started the process.
These CAO costs include the court order application fee as well as any legal fees that might be necessary to help you achieve your CAO.
To apply for a CAO court order in the UK, it costs £232. However, you’ll also need to consider tribunal fees – these fees cover the cost of hiring a solicitor to provide you with tailored legal advice and court representation.
Naturally, solicitor fees vary depending on the complexity of your case and whether your chosen solicitor offers fixed fees for their services.
Typically, for more straightforward CAO cases however, you can expect to pay in the region of £1,500 to £5,000 plus VAT.
Government figures also suggest a rate of between £110 – £410 per hour for a solicitor. Fortunately, at Freeman Jones Solicitors, we recognise the importance of price transparency and predictability.
Instead of confusing you with complex fee structures, we offer a wide range of fixed fee services with no hidden costs, allowing you to focus on bringing harmony back to your family instead of worrying about your finances.
Alternatively, you can also choose to represent yourself in court either to present your case directly to the judge or to avoid legal fees altogether.
During this process, you can still receive free legal advice from a solicitor, they just won’t be able to represent you.
Concerned about court fees when applying for a Child Arrangement Order?
If you’re on certain benefits, have little or no savings, or have a low income, you may be eligible to receive financial help with paying your court fees.
While you won’t be able to get money off your tribunal fees, opting for a solicitor with transparent and fixed fees, like Freeman Jones Solicitors, can help you to avoid hidden charges.
If you’d like to learn more about our fees for child arrangements, please feel free to get in touch today.
Who pays for Child Arrangement Order?
Each party involved in obtaining a Child Arrangement Order will often be liable to cover their own court and legal fees.
However, there are some circumstances where one party might be ordered to pay the other party’s costs. For example, if one party has behaved unreasonably.
Do you get financial support with a Child Arrangement Order?
You may be eligible to receive financial support for your CAO court fees if you meet certain requirements. For example, if you have low income, little or no savings, or receive certain benefits.
What are the benefits of Child Arrangement Order?
Unsure whether you should consider applying for a Child Arrangement Order?
While this can be a lengthy and expensive legal process, some of the benefits of obtaining a CAO include:
- Children are provided with more stability
- Resolves issues when those with parental responsibility can’t agree
- If the terms of a CAO are breached, they can be legally enforced
Can a Child Arrangement Order be reversed?
As CAO’s are created to ensure the child’s needs are met in a way that aligns with their best interests, they can be adjusted as necessary to ensure they continue to coincide with the child’s ever-evolving best interests.
As a result, if the circumstances of those with parental responsibility have changed since the initial CAO was put into place, the arrangement could be adjusted or reversed completely to suit the child’s needs.
Receive expert help with Child Arrangement Orders
Unable to come to an amicable child custody agreement with your former partner? Please don’t hesitate to contact the experienced family law team at Freeman Jones Solicitors.
Our professional and compassionate team understand that family breakdowns can be upsetting, stressful, and emotional.
That’s why we endeavour to make the process of obtaining a Child Arrangement Order as straightforward as possible.
Our child custody legal services include supporting you with mediation, formalising any agreements you may have made between yourselves, and legal representation, in the event that court proceedings are necessary.
To find out more about how we can support your family through this difficult time, please feel free to get in touch with our professional child custody solicitors today.
You can either call us on 01244 506 444, send your enquiry via email to info@fjsolicitors.co.uk, or reach out using our convenient online contact form.
Regardless of how you choose to contact our expert legal team, we look forward to arranging your free, no-obligation, 20-minute consultation.
