Child Contact Order
What is a Child Arrangement Order?
A Child Arrangement Order is a Court order that specifies the arrangements for a child, such as where the child will reside and how much time they will spend with each parent. A Court order of this type is legally binding on the child’s parents.
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Who can apply for a Child Arrangement Order?
When the biological parents split or divorce, a Child Arrangement Order is most usually granted. This, however, is not always the case. Anyone with parental responsibilities can apply for a Child Arrangement Order, whether a biological parent, a stepparent, a guardian or another relative.
It is not unusual for grandparents, for example, to seek a Child Protection Order if they believe their access to their grandchild is being unduly curtailed. However, unless the grandmother is also deemed a guardian of the kid, they must first petition the Court for permission to obtain a Child Arrangement Order before commencing the procedure. This regulation also applies to anyone else in the child’s life who does not have parental responsibility.
Making an application for a Child Arrangement Order
Attending a Mediation Information Assessment Meeting is the first step in applying for a Child Arrangement Order (MIAM). All parties must participate in this meeting. A professional mediator will examine whether an agreement on child arrangements can be achieved through an alternative dispute resolution procedure, such as mediation, or whether the matter must go to Court.
Like other parts of divorce and family law, mediation is typically a less expensive and less time-consuming approach to settling conflicts between parties than going to Court. On the other hand, mediation requires parties to engage in the process to reach an agreement via dialogue.
This is not always feasible, and in these cases, the parents may seek an agreement in Court. In addition, this initial phase may be bypassed in some situations if the mediator believes that the case is unsuitable for mediation. For example, cases involving domestic violence may not be acceptable.
If mediation is not a possibility, the next step is to file paperwork with the Court containing all pertinent information and express your decision to seek a Child Arrangement Order.
Suppose you haven’t already consulted a solicitor. In that case, you may wish to do so now to assist you in preparing the documentation that will be submitted to the Court, issued to the other party, and served on them, as well as to prepare you for the Court hearings.
Once the Court has received the required documents, they will set a date for your initial hearing. During the preliminary trial, the Court will identify the problems at stake and settle them. All parents and guardians will be obliged to attend, as will an officer from the Children and Family Court Advisory Service (CAFCASS). However, most hearings have been conducted remotely via phone since the coronavirus conference call or video connection.
The Court will encourage the parties present to try to reach an agreement on a settlement, and if one is reached, it will be converted into a Court order, thereby concluding the case.
A substantial number of cases are settled at the initial hearing; however, if an agreement cannot be reached, the case will go to later hearings, which may include gathering further information on the case, having a CAFCASS officer spend time with the children, and asking parents to testify.
The Court will decide on the arrangements during the final hearing and record it in a Court order.
What will the Courts consider?
The Court’s focus in a Child Arrangement Order hearing will always be the child’s welfare. The goal of the order is to ensure that arrangements are made with the child’s best interests in mind, and the Court will always keep this in mind while making decisions.
Aside from this guiding principle, the Court may take into account the following factors:
- The child’s wishes
- The child’s requirements (emotional, physical and educational)
- Whether the child has suffered or is in danger of suffering from any sort of neglect or abuse
- The parent’s ability to provide for and satisfy the child’s requirements
- How the order’s adjustments to arrangements may affect the kid
- The Court’s ability to amend child custody agreements is limited
What can a Child Arrangement Order include?
A Child Arrangement Order would often include a variety of stipulations that describe where the child or children in issue will live and who, how much, and under what conditions individuals with parental responsibility will be able to contact them.
A Child Arrangement Order may include the following stipulations:
- Who the child will primarily reside with
- Under what circumstances will the child spend time with the other parent. These conditions can include when and how frequently visits will take place (for example, after school, on specific weekends, or a monthly or less regular schedule), as well as where the visits will take place (for instance, at the non-custodial parent’s home, the child’s home, or a public location).
- What forms of contact will the child have outside of these visits? (Which could mean texts and phone calls, emails, or interactions over social media)
The conditions listed above apply to the two most prevalent forms of Child Arrangement Orders: contact orders and living with orders.
A contact order specifies the conditions under which a non-custodial parent may contact a child, whereas a living with order determines where the child resides.
A particular problems order and a banned step are two more forms of Child Arrangement Orders.
Certain issues govern specific aspects of a child’s development, such as the type of schooling they get (for example, what school they go to or whether their education is religious).
A prohibited steps order prevents a parent or guardian from doing a particular action, such as moving a child out of the country.
How long does it take to get a Child Arrangement Order?
The time it takes to get a final CAO is determined by several variables, including the complexity of the case, the amicability of the parents and guardians involved, and any protection issues surrounding the child or children in question.
Mediation is the shortest approach to reach an agreement. If both parties are willing to participate in mediation, the contract conditions can be achieved without going to Court.
If the matter proceeds to Court, it will generally take six to eight weeks from the time you file the documents to request a Court hearing to the time the preliminary hearing is held.
If more hearings are necessary, there will be comparable time gaps between each hearing. For example, if a CAFCASS officer is needed to write a report as part of the case, this might take up to a year.
Considering the preparatory stages of booking and attending the MIAM, preparing documents, and attending Court, you should expect the matter to take anywhere from three months to a year to be concluded and produce a final order.
Breaching Child Arrangement Orders
A Child Arrangement Order is legally binding. If one party fails to comply with the conditions of the order, the Courts might be asked to enforce the order.
Asking the Court to intervene will initiate a process similar to the one you went through to obtain the order in the first place: a preliminary hearing will be scheduled, during which the Court will consider the reasons for the non-compliance and whether CAFCASS should be involved, while also keeping the best interests of the children at the centre of the case in mind.
The Court will decide whether the Child Arrangement Order is violated without reasonable cause after this hearing. If the Court concludes that this is the case, it has a range of options for the following measures.
If the Court believes that the parents would benefit from mediation, they may send them to one; otherwise, they may issue a Contact Enforcement Order or impose an exemplary or other punishment on the party that violated the first order. Alternatively, they may opt to revise the conditions of the order and reissue it with changes.
Enforcement of a Child Arrangement Order
Suppose the Court believes that a Child Arrangement Order has been violated without reasonable cause. In that case, it has the authority to impose various sanctions on the party that has violated the order.
These consequences vary from unpaid labour to curfews and fines, and in extreme situations, imprisonment for contempt of court can be imposed. The Court may also direct CAFCASS to ensure that all parties follow any enforcement orders issued.
It is essential to highlight that the Court will always prioritise the welfare of the kid or children concerned. However, the sanctions that a Court can impose for violations of a Child Arrangement Order are not solely intended to penalise the parent. The Court may not impose harmful sanctions on the child (i.e., depriving them of access to a parent who has been imprisoned).
Varying a Child Arrangement Order
At the end of an inquiry into a breach of a Child Arrangement Order, the Court may decide to alter the order. This might entail modifying the rules of contact between a non-custodial guardian and the kid, as well as transferring custody outright.
You can also seek to alter a Child Arrangement Order even if there hasn’t been a breach. With the assistance of an attorney, the order can be changed if all parties agree. However, if one party does not agree to the revisions, a new application to the Court will be required.
During this procedure, CAFCASS may be asked to provide a report outlining the preferences of the children involved in the case to assist the Court in determining whether the proposed adjustments are suitable and, in the child’s, best interests.
Can I get an Emergency Child Arrangement Order?
An Emergency Child Arrangement Order can be issued if a child is suspected of being harmed or is in danger of being harmed.
To apply for an emergency order, you must submit a form to the Court, together with a written statement stating the basis for the urgency. They will hear the matter on the same day and, if necessary, will issue an interim order without telling the other side.
They will also schedule a second hearing in which the opposing side will be invited to explain their arguments against the order.
Can grandparents apply for a Child Arrangement Order?
It is not just parents who can apply for a Child Arrangement Order. Grandparents, for example, can petition for an injunction if they are worried about their grandchild or believe their access is being unfairly curtailed.
However, only individuals with parental responsibility can file for an order without the Court’s authorisation. Therefore, if a grandmother is not deemed a guardian, they must first apply for parental responsibility.
Are such orders legally binding?
Yes, a Child Arrangement Order is legally enforceable, and the Court can enforce it if it is breached.
What is parental responsibility?
Only parents or guardians regarded to have parental responsibility are permitted under Section 8 of the Children Act 1989 to apply for a Child Arrangement Order without first seeking Court authorisation.
The word “parental responsibility” refers to the legal rights and duties of becoming a parent. This involves responsibility for a kid’s discipline, education, medical care, name, property, and protecting, maintaining, and providing a home for the child.
There are several methods for assuming parental responsibility for a kid. A mother has automatic responsibility from birth, as does a father if they are married to the child’s mother, or their name appears on the child’s birth certificate.
A court order or an agreement with the mother might also put parental responsibility on a father. Civil partners share parental responsibility if they were together during fertility treatment; otherwise, they must seek an agreement or order.
How Abbott and Harris Solicitors can help
When it comes to child custody, getting competent guidance from a specialised family law solicitor will guarantee that you have someone on your side who knows the law and understands how the Courts work.
Senior solicitor in our family law team with considerable expertise advising and aiding clients with child contact agreements. He has the knowledge, legal understanding, and practical know-how to take you through the legal processes involved in child contact matters.
Abbott and Harris Solicitors provides professional legal assistance on children’s law issues to individuals all around the country regularly. In addition to office meetings, we provide remote sessions via phone and video conferencing software and can assist you regardless of your location.
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