What is a Child Arrangement Order?
What is a Child Arrangement Order?
A Child Arrangements Order (CAO) is a legally binding order made under section 8 of the Children Act 1989. It regulates the practical arrangements for a child, including with whom the child is to live, spend time, or otherwise have contact, and when those arrangements are to take place.
The CAO replaced the former “residence order” and “contact order” following the Children and Families Act 2014. This change was designed to remove language that implied a division between a “primary” and “secondary” parent, and instead promote a more neutral, child-focused framework. The emphasis is now on establishing arrangements that best support the child’s welfare, while encouraging the involvement of both parents where it is safe and appropriate.
Custody vs child arrangements orders
The concept of “custody” is no longer recognised in English family law. It has been replaced by the framework established under the Children Act 1989, which centres on Child Arrangements Orders rather than parental “rights” over a child.
When determining child arrangements, the court’s paramount consideration is the welfare of the child, in accordance with section 1 of the Children Act 1989. The court applies the statutory welfare checklist set out at section 1(3), which includes factors such as the child’s wishes and feelings (considered in light of age and maturity), their physical, emotional and educational needs, the likely effect of any change in circumstances, any risk of harm, and the capability of each parent to meet those needs.
While there is a general presumption that a child’s welfare is furthered by the involvement of both parents, this does not necessarily equate to a presumption of equal time. The court will instead determine arrangements based on the specific circumstances of the case, ensuring that any child arrangement order made is practical, safe, and promotes the child’s overall wellbeing.
What a child arrangements order can cover
A Child Arrangements Order addresses two principal areas. First, it determines the child’s living arrangements, namely, with whom the child is to live and when. Secondly, it regulates the time the child spends with, or has contact with, other individuals, which may include a parent, guardian, or other significant person.
The order does not typically specify a precise address but rather identifies the individuals involved in the arrangements. This allows a degree of flexibility where circumstances change, provided the overall structure of the order is maintained.
In addition, the court may impose conditions within a CAO or make related orders under section 8 of the Children Act 1989, such as Prohibited Steps Orders or Specific Issue Orders. These may be used to regulate particular aspects of a child’s upbringing, for example decisions relating to education, travel, or medical treatment, where there is disagreement between those with parental responsibility.
How courts decide
When deciding whether to make a Child Arrangements Order, the court applies the principle that the child’s welfare is paramount, as set out in section 1(1) of the Children Act 1989. All decisions are guided by the welfare checklist under section 1(3), ensuring a comprehensive and child-focused assessment of the circumstances.
The court will consider the child’s needs, the potential impact of any proposed arrangements, the risk of harm, and the ability of each individual involved to meet the child’s needs. It will also take into account the nature of the child’s existing relationships and the importance of maintaining stability.
In accordance with section 1(2A), the court proceeds on the presumption that the involvement of each parent in the child’s life will further the child’s welfare, unless there is evidence to the contrary. However, this presumption will not apply where such involvement would expose the child to a risk of harm.
A Child arrangement order may be made in favour of parents, guardians, or other individuals such as step-parents or grandparents. Where an order is made in favour of a person who is not already a parent or guardian, the court may confer parental responsibility on that individual for the duration of the order.
Do you have to try mediation first (MIAM overview)
Before issuing an application for a Child Arrangements Order, there is a general requirement in England and Wales for applicants to attend a Mediation Information and Assessment Meeting (MIAM). This requirement is set out in the Children Act 1989 framework and associated family procedure rules, and its purpose is to encourage parents to resolve disputes outside of court where possible. At a MIAM, a qualified mediator explains how mediation works and assesses whether the case is suitable for this process, which can often be a less adversarial, quicker, and more cost-effective way of reaching an agreement focused on the child’s best interests.
However, attendance at a MIAM is not required in every case. There are recognised exceptions, particularly where there are concerns about safety or urgency. For example, a person may be exempt if there is evidence of domestic abuse, or if the matter is urgent, such as where there is a risk of harm to the child or a need for immediate court intervention. Other exemptions may apply depending on the specific circumstances, but the key principle is that parties should not be expected to engage in mediation where it would be unsafe, inappropriate, or impractical to do so.
In practice, unless a valid exemption applies, the court will expect evidence that a MIAM has been attended before it will accept an application. This reflects the wider approach of the family justice system, which prioritises resolving disputes collaboratively where possible, while still ensuring that the court remains available to make decisions where necessary to safeguard the welfare of the child.
What if the order is breached?
If a child arrangement order is breached, the court has enforcement powers, including imposing unpaid work requirements, financial compensation, or even imprisonment in cases of contempt. It is not permitted to remove a child from the UK without the consent of all individuals with parental responsibility or the court’s permission, except for short periods (less than one month) by a person named in the order as someone with whom the child is to live, unless the order says something different.
Changes as children get older
As children grow older, the child’s welfare remains the paramount consideration, however increasing weight is given to the child’s own wishes and feelings, particularly as they mature. This is part of the welfare checklist, and it reflects the recognition that older children are better able to express informed and independent views about their living arrangements and relationships.
In court proceedings, professionals such as CAFCASS officers (court advisers) play a key role in this process. They speak directly with the child and provide a report to the court, helping to ensure that the child’s voice is properly heard. The older and more mature the child, the more influence their views are likely to have. For teenagers, particularly those in their mid-teens, their preferences can carry substantial weight unless there are strong welfare concerns that would justify overriding them.
By the time a child reaches around 15 or 16 years old, the child arrangement order is still valid (in rare cases until the age of 18), however the court is often reluctant to make or enforce a child arrangement order, especially if the young person is resistant to it. This is because, as a practical matter, it can be very difficult to impose arrangements on an older teenager who is capable of making their own decisions. Instead, the court will usually focus on encouraging cooperation and recognising the young person’s autonomy, provided their wishes are consistent with their welfare and they have sufficient maturity to make those decisions.
