Child arrangements order meaning

Procedural Guide This Procedural Guide explains the process for seeking an enforcement order under the Children Act 1989 (ChA 1989) to secure compliance with a child arrangements order (CAO). Such an order may require the respondent to complete unpaid work. It sets out details of the following: Who can apply Pre-action requirements Criminal standard of proof Orders the court may make Restrictions on making an enforcement order The procedure applies where a CAO has a warning notice properly attached and it is alleged the order has been breached, making enforcement necessary. Enforcing contact provisions can be difficult where the parent with whom the child lives is opposed to contact. Under ChA 1989 the court has extended powers to enforce all provisions of CAOs, not just those about contact but also those concerning a child’s living arrangements...

Procedural Guide: Applications for Child Arrangements Orders under section 8 Children Act 1989 This Procedural Guide outlines the procedural steps for applying under section 8 of the Children Act 1989 (ChA 1989) for a child arrangements order (CAO). It covers eligibility to apply, pre-action obligations including attendance at a mediation information and assessment meeting (MIAM), the court’s guiding principles, and provisions for non-court dispute resolution (NCDR). It also addresses service requirements and the criteria for without notice (ex parte) applications. Allocation, gatekeeping and safeguarding processes are explained, together with what may occur at the first hearing dispute resolution appointment (FHDRA) and the dispute resolution appointment (DRA), as well as the approach to fact-finding hearings, vulnerable witnesses and the final hearing. A CAO is one of the orders available to the court under ChA 1989, s 8. It is an order concerning: with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or...

Removing a child from the jurisdiction Taking a child out of the jurisdiction without the necessary consent(s) can constitute an offence under the Child Abduction Act 1984 (CAA 1984). Refer to the Practice Note titled: Child abduction—criminal action and electronic tagging. Where there is no existing child arrangements order (CAO) in force regulating the child’s living arrangements, the requisite consent must be obtained in advance of removing the child from the jurisdiction from the following: each person with parental responsibility the father (whether or not he has parental responsibility for the child) Failure to do so creates a risk of breaching CAA 1984 and/or the Hague Convention on Civil Aspects of International Child Abduction. If a CAO is in place regulating the child’s living arrangements, section 13 of the Children Act 1989 (ChA 1989) provides that a child may not be removed from the UK without either the written consent of every person with parental responsibility or the court’s leave....

In this issue: Public children Financial provision Private children Court of Protection Daily and weekly news alerts New content Updated content New Q&As LexTalk®Family: a Lexis®Nexis community Useful information Public children Suspected Inflicted Head Injury Service (SIHIS) for children pilot Three NHS Trusts—Manchester University NHS Foundation Trust, Birmingham Children’s Hospital and Sheffield Children’s NHS Foundation Trust—have received funding to launch pilots and evaluate a new Suspected Inflicted Head Injury Service (SIHIS). The service is designed to tackle delays arising from late and multiple expert medical statements. The trial will assess how this model can drive lasting, system-wide improvements that cut delay, with the pilot scheduled to conclude on 31 March 2025... Anonymisation (Re T (Children: Publication of Judgment)) In Re T (Children: Publication of Judgment) [2024] EWCA Civ 697, [2024] All ER (D) 79 (Jun), the Court of Appeal upheld the mother’s appeal against a decision concerning the publication of a...

Y v Z [2024] EWFC 4 What are the practical implications of this case? Before determining the application, the court was taken through a series of authorities. Peel J concluded that those decisions do not reveal a standard tariff or an upper limit; instead, each application falls to be decided on its own facts and within its specific context, with context being decisive... ChA 1989, Sch 1 empowers the court to order a settlement of property, commonly structured as a trust, licence or lease. Such arrangements preserve the payer’s ownership of the asset, whilst permitting the payee to live in the property with the children during their minority, or until the conclusion of tertiary education, as explained in Re A (A Child: Financial Provision) [2014] EWCA Civ 1577, [2015] 2 FLR 625 and UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947, [2022] 2 FLR 308... In addition, the court may direct the payment of a lump sum or a series...

In this issue: Practice and procedure Relationship breakdown Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure Family Justice Council Bridget Lindley memorial lecture HHJ Khatun Sapnara will deliver the Bridget Lindley memorial lecture on 12 March 2025. This online lecture forms part of the Family Justice Council’s annual interdisciplinary conference, taking place in Birmingham. The theme this year is ‘Diversity and Inclusion in the Family Justice System: Promoting Best Practice in Decision Making’... Relationship breakdown HMCTS adds ability for a solicitor to remove themselves as representing a party in divorce applications HM Courts and Tribunals Service has enabled MyHMCTS to let a solicitor end their representation in divorce matters. Choose ‘stop representing client’ from the next step drop-down to use the feature, which launched on 10 February 2025. Proceed with care: once submitted, access ends immediately and the case...

This Practice Note summarises the court’s powers when making a special guardianship order (SGO), including decisions about a child’s surname and any removal from the jurisdiction. It also sets out what becomes of existing orders once an SGO is made and the need to consider whether to make a child arrangements order with contact provisions. Existing orders Making an SGO does not, by itself, end any order made under section 8 of the Children Act 1989 (ChA 1989) (an s 8 order). Before granting an SGO, the court must specifically consider whether any existing s 8 order should be varied or discharged. The governing test is whether it is in the child’s best interests for an existing order to remain operative. If a CAO with contact provisions stays in force and there is an enforcement order, the court must decide whether that enforcement order should be revoked. Where an activity direction exists, the court must also consider whether it ought to be...

This Practice Note considers statutory adoption pay (SAP) and contractual adoption payments. It also examines eligibility criteria, the meaning of employed earner, the duration of entitlement, notice obligations, the evidence required, the length of time SAP is payable, rates of pay, and liability, including where an individual has more than one employer. It addresses outcomes where a child dies or a placement breaks down, circumstances in which SAP is not due, record-keeping duties, and how recoupment operates. Finally, it explores how contractual sick pay interacts with SAP, adoptions from outside the UK, and contracting out. A parent taking adoption leave (see Practice Note: Adoption leave) may qualify for SAP for part of that leave. They may receive payment for time off to attend adoption appointments (see Practice Note: Time off work for adoption appointments). Where a child is placed for adoption, the adopter and a second person—who must be the adopter’s spouse, civil partner, or partner—may, if they choose, share up to 37 of the 39 weeks of pay...

Practice Note This Practice Note explains the process for making a parental order application under the Human Fertilisation and Embryology Act 2008 (HFEA 2008). It gives guidance on who may apply, where an application should be issued, acknowledging service, and the steps for the first directions hearing and the final hearing. It also outlines provisions on evidence of agreement, when agreement will not be required, and the parental order register. A parental order is an order by which a child is recognised in law as the child of the applicant(s) where the child was carried by a woman who is not the applicant, or not one of the applicants, following the placement in her of an embryo, or sperm and eggs, or through her artificial insemination, and the gametes of the applicant, or at least one of the applicants, were used to create the embryo, subject to certain conditions; see Conditions that must be met. The principal provisions for surrogacy arrangements are contained in the: Surrogacy...

This note offers broad guidance on financial support for children. Your family solicitor can give tailored advice to suit your particular circumstances and needs. Child maintenance Under the law relating to child maintenance (also called child support), the court is generally unable to make a child maintenance order other than by the parties’ consent (agreement), except where certain exceptions apply. Any consent order for a child’s maintenance binds for only one year, after which either parent may seek a calculation from the Child Maintenance Service (CMS), if they wish to do so. Where you and the other parent cannot settle the level of maintenance, either party can apply to the CMS for a formal assessment...

This note offers general guidance for grandparents on applying for a child arrangements order that sets out contact with grandchildren. Your family solicitor can give advice specific to your situation. What can I do if I am not allowed to spend time with my grandchildren? If the parents’ relationship breaks down, it is hoped arrangements can still be agreed so the children keep spending time with their grandparents. In such circumstances, grandparents often play a vital part in their grandchildren’s lives. Sometimes issues can be settled through mediation or other out-of-court resolution. Mediation may avoid costly legal proceedings, which can be very stressful. Before applying for an order to spend time with your grandchildren (a child arrangements order, or CAO), the rules require you to attend a meeting with a mediator to assess whether mediation is suitable instead of court. This is called a mediation information and assessment meeting (a MIAM)...

This note offers general guidance on applying for child arrangements orders, while your family lawyer can give advice tailored to your situation. What is a child arrangements order? A child arrangements order (CAO) sets out how a child’s arrangements are organised and may cover: who the child is to live with, spend time with or otherwise have contact with when the child is to live with, spend time with or otherwise have contact with any person ‘Contact’ simply refers to the time a child spends with an adult. It can happen in different ways, including: direct time between the child and the person named in the order overnight stays supervised time indirect contact via letters or cards In unusual cases, if the child’s best interests require it, the court can decide that there should be no contact. A CAO may identify the person with whom a child is to live, without...

When a baby is born, the birth must be registered, and the surname entered at that time is intended to be the name by which the child is known. If a parent later wishes to change the child’s surname, they should first consult any other person who holds parental responsibility before any step is taken. This applies irrespective of the existence of a child arrangements order, and regardless of whether that person has contact with the child (Re PC (Change of Surname)). Where there is disagreement, the matter must be placed before the court for a determination. A contested change of surname must not be made unilaterally (Dawson v Wearmouth). Altering a name is a significant matter and should not be approached lightly. In deciding whether to grant leave, the court is guided by the welfare principle in section 1(1) of the Children Act 1989 (ChA 1989), and will act accordingly...

Section 12(2A) of the Children Act 1989 (ChA 1989) Inserted by paragraph 21(4) of Schedule 2, Part 1 of the Children and Families Act 2014 (CFA 2014), Section 12(2A) of the Children Act 1989 (ChA 1989) came into force on 22 April 2014. This statutory amendment to ChA 1989, s 12 expressly empowers the court to confer parental responsibility on an individual who is neither a parent nor a guardian of the child, but who is identified in a relevant child arrangements order (CAO) as a person with whom the child spends time or otherwise has contact. Any parental responsibility granted under ChA 1989, s 12(2A) endures only for as long as the corresponding CAO currently remains operative. Although the provision has been operative for more than two years, there seem to be no reported cases that consider ChA 1989, s 12(2A)...

If the court issues a child arrangements order under section 8 of the Children Act 1989 (ChA 1989) directing that a child is to reside with someone other than a parent or guardian, that individual acquires parental responsibility for the child for as long as the order is operative, insofar as it provides for the child to live with them (ChA 1989, s 12(2)). That individual continues to hold parental responsibility under that provision for as long as the provision requiring the child to live with them still remains effective...