When parents separate or divorce, one of the most important and often emotionally charged decisions involves how their children will be cared for. In the UK, a Child Arrangement Order (CAO) is a legal framework to help clarify these arrangements when parents cannot agree.
In this blog, we’ll explain what a Child Arrangement Order is, how it works, and what parents need to know about the process.
What is a Child Arrangement Order?
A Child Arrangement Order is a legal order issued by the Family Court under Section 8 of the Children Act 1989. It sets out:
- Where the child will live (formerly known as residence or custody)
- Who the child will spend time with (formerly contact or access)
- When and how the child will see each parent or guardian
This order replaces the old terms like “residence order” and “contact order” and combines them into a single, more flexible legal framework.
Who Can Apply?
You can apply for a CAO if you’re:
- A parent (biological or adoptive)
- A guardian or special guardian
- Someone with parental responsibility
- A person who lived with the child for at least three of the last five years
- A stepparent or other relative (though you may need the court’s permission first)
Do You Need to Go to Court?
Going to court should be a last resort. The court encourages parents to try to agree arrangements through:
- Mediation
- Negotiation through solicitors
- Parenting plans
Before applying for a CAO, most applicants must attend a MIAM (Mediation Information and Assessment Meeting) to explore whether mediation could resolve the dispute.
What Does the Court Consider?
The court’s main priority is the child’s welfare. The judge will consider the “welfare checklist”, which includes:
- The child’s wishes and feelings (depending on age and maturity)
- The child’s physical, emotional, and educational needs
- The impact of any change in circumstances
- The child’s age, sex, background, and other relevant characteristics
- Any risk of harm or abuse
- The capability of each parent to meet the child’s needs
The goal is always to reach an arrangement that serves the child’s best interests — not necessarily what’s most convenient for the parents.
Types of Arrangements
Child Arrangement Orders can include:
- Sole living arrangements (the child lives with one parent and visits the other)
- Shared care arrangements (the child lives with both parents on a schedule)
- Supervised contact (where safety is a concern)
- No contact (in extreme situations)
Each order is tailored to the individual needs of the child and family circumstances.
How Long Does a Child Arrangement Order Last?
A CAO typically lasts until the child turns 16 (or 18 in some cases). It can be varied or discharged by the court if circumstances change. Parents can return to court if the arrangement is no longer working.
Enforcing a CAO
If one parent doesn’t follow the terms of the CAO, the other can apply to the court for enforcement. The court can impose:
- Warnings
- Community service
- Fines
- In rare cases, even imprisonment
That said, courts aim to preserve relationships and encourage compliance, not punish.
Final Thoughts
Child Arrangement Orders provide a clear, structured way to ensure children are cared for and maintain meaningful relationships with both parents after a separation. If you’re struggling to agree on arrangements, consider mediation first — but know that the courts are there to help when needed.
Always seek legal advice if you’re unsure about your rights or responsibilities and remember: the focus should always be on what’s best for your child.