- In England and Wales, the focus is on the welfare of the child. Since 2014, terms like child arrangements replace the old “custody” language.
- A Child Arrangements Order (CAO) determines where a child lives (residence) and who they see (contact). It can also cover other welfare issues and set rules about time with each parent.
- Related orders in UK family law include Parental Responsibility (PR), Prohibited Steps Orders (PSO), and Specific Issue Orders.
Key terms you’ll see in UK family law
- Parental Responsibility (PR): The legal rights, duties, and responsibilities a parent has for a child.
- CAO (Child Arrangements Order): Court order about residence and contact, and sometimes other welfare matters.
- PSO (Prohibited Steps Order): A court order preventing a parent from taking a specific step in relation to the child without the other parent’s consent or court permission.
- Specific Issue Order: A court order about a particular question concerning the child (e.g., school choice).
- MIAM (Mediation Information and Assessment Meeting): A briefing session to explore mediation before starting court proceedings.
- Mediation: A process where a trained mediator helps separated parents reach a voluntary, binding agreement.
Mediation vs going to court: pros and cons
- Mediation (including MIAMs)
- What it is: A collaborative process to reach a voluntary agreement about child arrangements and welfare.
- Pros:
- Often cheaper and faster than court.
- Keeps control with you and your ex-partner, not a judge.
- Supports child wellbeing by reducing conflict.
- Agreements can be turned into legally binding orders later (CAO, PR, etc.).
- More privacy and can preserve future co-parenting.
- Cons:
- Not legally binding unless formalised later.
- Not suitable if there’s abuse, power imbalance, or high risk.
- If no agreement, you may still need to go to court.
- Going to court (Family Court)
- What it involves: Filing for a CAO or other welfare orders; a judge makes a legally binding decision.
- Pros:
- Legally enforceable and clear.
- Useful when safety concerns, evidence gaps, or non-cooperation exist.
- Can address serious issues (removal from the country, specific restrictions).
- Cons:
- More expensive and time-consuming.
- Adversarial tone can strain parent-child relationships.
- Less flexible; outcomes are court-decided.
Prohibited Steps Order (PSO): what it is, how to obtain it, and grounds
- What is a PSO? A PSO stops a parent from taking a specific step about the child without the other parent’s consent or court permission.
- When used: Often to prevent harm, potential abduction, or unilateral decisions (like moving the child abroad or changing schools) without consultation.
- How to obtain one:
- Apply via the family court, either as part of a broader case or as an interim measure.
- Show a real need to prevent a specific action that could affect the child’s welfare.
- The court assesses welfare, safety concerns, and urgency before deciding.
- Grounds (typical reasons a PSO might be granted):
- Preventing removal of the child from the jurisdiction (abduction risk).
- Preventing actions that could harm the child’s welfare or safety before a full hearing.
- Stopping major unilateral changes to arrangements (e.g., relocation or significant education changes) without consultation.
- Consequences of breaching a PSO:
- Contempt of court, which can mean fines or imprisonment.
- Breach can affect ongoing proceedings and enforcement.
- May lead to stricter court supervision or police involvement.
- Practical note: PSOs are powerful and should be used only when there is genuine risk. Always seek legal advice to ensure appropriateness.
Why obtain a PSO or pursue court orders?
- Protect a child from harm or risk.
- Prevent unilateral, disruptive changes to routines or residence.
- Address risk of parental child abduction.
- Establish clear, enforceable arrangements when parents cannot agree.
Rationale for mediation: focus on child wellbeing and future co-parenting
- Child wellbeing: Mediation emphasizes cooperation, which can be better for a child’s emotional health.
- Long-term parenting: Mediation preserves the possibility of ongoing co-parenting without a winner/loser dynamic.
- Cost and time: Mediation is typically cheaper and faster than court.
- Compliance: Voluntary agreements formed through mediation often have higher adherence.
Practical tips for parents
- Start with child welfare and how arrangements affect schooling, routines, and wellbeing.
- Consider MIAM: Most people must attend a MIAM before court unless exempt.
- Gather documents: School records, medical records, communications, and evidence of arrangements.
- Seek legal advice: A family law solicitor or accredited mediator can tailor guidance to your situation.
- Keep the child’s best interests at the center of discussions.
A brief glossary for SEO
- CAO (Child Arrangements Order)
- PR (Parental Responsibility)
- PSO (Prohibited Steps Order)
- MIAM (Mediation Information and Assessment Meeting)
- Specific Issue Order
- Mediation
- Family Court UK
- UK family law
- Child welfare
- Parental rights
- Child abduction prevention
- Co-parenting
Final note
This overview isn’t legal advice. UK family law is nuanced, and outcomes depend on your case specifics. If you’re facing a child arrangements dispute, consult a qualified family law solicitor or accredited mediator like me to understand your options.