Do you feel like you are on a constant rollercoaster of contact, attempting to negotiate arrangements with the other parent or caretaker, while weekly knots of anxiety entangle you? Here, we explain how to apply for a Child Arrangements Order and what a successful application can mean for those who are having trouble maintaining contact.
Do any of the following apply? Are you wondering if you will be able to see your child? Possibly, your message will be marked as “read” with no response. Are you constantly receiving messages late, requiring you to make last-minute plans, or do you feel like an on-call carer with no structure? You may have participated in or proposed mediation as well as other forms of alternative dispute resolution (ADR), but without success.
What can be done in this circumstance? When attempting to make contact, it may feel as if everything you’ve attempted in the past has only resulted in further complications. But when you have tried everything else and nothing has worked, there may only be one option left: court.
Should I file a lawsuit?
It is common for parents to begin criticising themselves when court appears to be their only option. However, it is important to remember that, despite being a great privilege, being a parent or caretaker is immensely difficult, and court intervention is sometimes required in order to establish a firm arrangement. Most people view court as a last resort, but it is a viable option for resolving contact issues, prioritising the child’s welfare, and ensuring the best possible outcome.
So, what occurs next?
Applicants for a Child Arrangements Order (CAO) must submit the C100 form to the court. A CAO can specify who the children reside with, who they spend time with, how often and whether that contact is supervised, and the frequency of any indirect contact such as letters or facetime calls.
You can also use the C100 to request a Specific Issue Order (SIO) if you want the court to determine a specific issue, such as where the child should attend school or what their last name will be. It is also used to apply for Prohibited Steps Orders (PSO), which prohibit the other parent from taking certain actions, such as removing the child from the state.
Again, the court’s primary concern is the welfare of the child, and it must consider the Welfare Checklist contained in Section 1(3) of the Children Act of 1989.
Your case may also involve the Children and Family Court Advisory and Support Service (“Cafcass”). Cafcass is an independent organisation appointed by the court to make recommendations based on what is secure for children and in their best interests. Cafcass will typically consult with the parties involved and draft an initial safeguarding letter before the First Hearing Dispute Resolution Appointment (FHDRA) is scheduled.
In some instances, particularly when the issues are limited, the FHDRA may be able to resolve the dispute. Prior to a Dispute Resolution Appointment (DRA), the court will typically use the FHDRA to listen to the parties’ positions and issue orders for further evidence to be obtained and/or for Cafcass to conduct a more detailed safeguarding analysis known as a Section 7 Report.
Typically, the court lists DRAs for 60 to 90 minutes in an effort to reach an agreement or final order, if practicable. If not, a contested final hearing will be scheduled before the court can determine the final child arrangements.
Whether or not the case proceeds to a final hearing, the court process is lengthy and typically takes between 6 and 12 months to complete, sometimes longer depending on the case’s complexity.
If you are having trouble agreeing on arrangements for your children, please contact us immediately. Our experienced family law team will assist you in pursuing the best possible outcome.
