The "How To" DIY Guide to Child Arrangements
While not recommended, it is also possible to handle your own child arrangement matters. This guide provides a basic outline and must not be relied upon as legal advice. For detailed support, consult legal professionals or use the online resources provided by HMCTS.
What is a Child Arrangements Order (CAO)?
A Child Arrangements Order (CAO) sets out:
Living Arrangements: Who the child lives with.
Contact: When and how the child spends time with others, such as Direct or overnight contact. Supervised or indirect contact (e.g., letters, cards).
Who Can Apply?
Automatically Eligible:
Parents, guardians, or special guardians. Stepparents with parental responsibility. Relatives or others the child has lived with for a specific period.
Others:
Must seek the court’s permission first.
Duration of a CAO
Living Arrangements: Usually lasts until the child turns 18. Contact: Typically ends at 16 unless special circumstances apply.
When and How to Apply
If you can’t reach an agreement on child arrangements, follow these steps:
Step 1: Mediation
You must attempt mediation before applying to court (unless exemptions apply, e.g., domestic violence).
Step 2: Application Complete and file the C100 form.
Link here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge
Provide details of the child, involved adults, and the orders you seek.
Apply for help with fees regarding the application fee of £255 if you are on a low income/ benefits.
Link here - https://www.gov.uk/get-help-with-court-fees
Step 3: First Hearing
Once filed, the court schedules a First Hearing Dispute Resolution Appointment (FHDRA).
What Happens in Court?
First Hearing (FHDRA):
The court investigates the case and explores potential settlements. If no agreement is reached, directions for the next steps are provided, such as:
Involving CAFCASS for a welfare report.
Legal representation for the child, if needed.
Expert evidence re drugs/alcohol/mental ill-health
Written statements or further mediation.
Final Hearing:
The court hears evidence from all parties and experts. The judge makes a binding decision on the child’s living and contact arrangements.
Factors the Court Will Consider
The court will consider the Welfare Checklist, which includes:
a) The ascertainable wishes and feelings of any children, considered in light of their age and understanding.
b) The child's physical, emotional and educational needs.
c) The likely effect on the child of any change in their circumstances.
d) The child's age, sex, background and any characteristics which the court considers relevant.
e) Any harm which the child has suffered or is at risk of suffering.
f) How capable each of the child's parents, and any other person in relation to whom the court considers the question to be relevant is of meeting the child's needs.
g) The range of powers available to the court.
The welfare of the child is the courts paramount consideration.
A family law solicitor such as CH Family Law Ltd can advise on which factors may influence the court's decision in your particular case.
Tips for Managing the Process Yourself
Stay Organised: Keep track of deadlines and court documents.
Be Transparent: Full financial disclosure is mandatory.
Seek Agreement: Settling early reduces legal costs.
Consider Mediation: A less formal route that avoids lengthy court proceedings.
This guide simplifies a complex legal process. If uncertainties arise, consult a legal professional for tailored advice.