FAQs about Child Arrangement Orders

What is a Child Arrangement Order?

It is a Court Order which sets out who a child should live with, spend time with or otherwise have contact with. It replaces ‘residence’ and ‘contact’ orders, although people who have existing residence and contact orders do not need to apply to replace them with child arrangement orders. They are made under powers granted by section 8 of the Children Act 1989.

Who can apply for a Child Arrangement Order?

• The child’s parent, guardian or special guardian.
• The child’s stepparent or any person who has Parental Responsibility for the child.
• Anyone with whom the child has lived for a period of three years.

• The Court can also make CAO of its own initiative if the welfare of a child arises during family proceedings.

When should I apply for a Child Arrangement Order?

You can apply for a Child Arrangement Order if you and your partner cannot agree on the child arrangements or if one parent is unreasonably withholding contact.

You must attend a meeting about mediation before issuing an application. This is known as a ‘Mediation Information and Assessment meeting’ (MIAM)

How do I apply for a Child Arrangement Order?

You will need to complete the C100 Court form and send it to Court for issuing along with 3 copies and the Court fee.

How Long Does a Child Arrangement Order Last? 

The Order normally ends when the child is 18 years of age, unless the Court makes the order for a period of time.

Can I Change My Child Arrangement Order?

Once the Order has been issued by the Court, it is possible to vary it. If the variation can’t be agreed with the other party directly, then a further application to the Court will have to be made.

How can I enforce a Child Arrangement Order?

The Court has a wide range of powers and can impose sanctions on anyone who doesn’t comply with the Order. An application can be made to the Family Court for enforcement of a Child Arrangement Order if it has been broken without a reasonable excuse. You can make the application using form C79.

Here at Franklins, our experienced solicitors can make the Child Arrangement Order process easier for you. If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.