What is a Child Arrangements Order?
A Child Arrangements Order (CAO) is a Court order that regulates arrangements for a child. It can decide:
- with whom the child is to live; and/or
- with whom the child is to spend time or otherwise have contact, and when those arrangements are to take place.
A CAO is intended to promote the child’s welfare while supporting meaningful relationships with parents and others involved in the child’s upbringing.
What is child maintenance?
Child maintenance is dealt with separately from child arrangements under the law in England and Wales. It refers to the financial support that one parent provides to the other for the benefit of their child or children.
The Court’s powers in relation to child maintenance are limited. Instead, the Child Maintenance Service (CMS) is responsible for assessing, collecting, and enforcing maintenance payments. The CMS calculates the amount payable by the non-resident parent based on their income and other statutory criteria.
What applications can be made to the Court in child-related disputes?
Depending on the issue, the following orders may be applied for:
- Child Arrangements Order – sets out where a child will live and how much time they will spend with each parent or other individuals.
- Prohibited Steps Order – prevents a parent from taking a specified action without the Court’s permission (for example, taking a child abroad).
- Specific Issue Order – deals with a particular question about a child’s upbringing (for example, schooling or medical decisions).
- Order by consent – where parties agree arrangements, they may ask the Court to formalise the agreement through a consent order.
What is required before applying for a Child Arrangements Order?
Before applying for a Child Arrangements Order, applicants are generally required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies or they are seeking a consent order.
A MIAM is an initial meeting with a mediator to consider whether mediation or another form of dispute resolution may be appropriate. It is not the same as undertaking mediation itself.
Why does the Court encourage agreement outside of Court in children proceedings?
The Court encourages parties to reach agreement outside formal proceedings because, although court decisions are binding and focused on the child’s best interests, the litigation process can be lengthy, expensive, and emotionally challenging.
Court proceedings can heighten conflict, make it harder for parents to cooperate, and cause additional stress for the child. Reaching agreement independently allows parents to retain greater control over the outcome and can help preserve working co-parenting relationships.
What are the alternative methods of resolving child arrangements?
Where there are no safeguarding concerns, parties are encouraged to consider alternative ways of resolving child arrangements, including:
- Mediation (with or without solicitors);
- Solicitor-led negotiation;
- Collaborative law, where both parties and their solicitors work together to reach an agreement without going to court
These approaches are usually less adversarial, more cost-effective, and better support long-term co-parenting.
What factors does the Court consider when deciding child arrangements?
When deciding child arrangements, the Court must consider the statutory welfare checklist in section 1(3) of the Children Act 1989, including:
- The child’s wishes and feelings (taking account of their age and maturity);
- The child’s physical, emotional, and educational needs;
- the likely impact of any changes in the child’s circumstances’
- The child’s age, sex, background, and any relevant characteristics
The Court will also consider any harm the child has suffered or may be at risk of suffering, the ability of each parent or relevant person to meet the child’s needs, and the range of powers available to the Court.
Under section 1(1) of the Children Act 1989, the child’s welfare is the Court’s paramount consideration. The Court must also consider whether making an order is better than making no order at all, and recognise that delay can be harmful to a child’s welfare.
How much do you charge for child arrangement matters?
Our charges vary depending on the circumstances and whether the matter is agreed or contested. We charge an hourly rate of £300 plus VAT. Typical costs include:
- Parenting Plan – if both parties agree arrangements for the child’s residence and contact, we can prepare a parenting plan. Fees usually start from £1,500 plus VAT, depending on complexity. (Please note that parenting plans are not legally binding.)
- Consent Order – where both parties agree and wish to formalise arrangements through the Court, we can draft and submit a consent order. Fees typically start from £2,400 plus VAT, subject to complexity and court requirements.
- Contested Proceedings – if the parties are unable to reach agreement and further solicitor-led negotiations or litigation is required, our fees are charged at £300 plus VAT per hour. Overall costs are generally estimated to range between £20,000 and £30,000 plus VAT. Additional costs will also apply, including court fees and barristers’ fees, which typically range from £10,000 to £15,000 plus VAT, depending on the barrister’s experience and level of involvement.
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