A child arrangement order (CAO) is a court order made with the intent of resolving disputes between separated parents. These disputes can take many forms but the most common ones tend to be around each parent’s access to the child. That could include where the child will live, how much contact each parent should have, or which holidays should be spent where.
It’s important to understand that a child arrangement order shouldn’t be the first port of call. In fact there are several steps most parents take before getting one.
Discussion & Mediation
A CAO generally represents the need for a legal system to step in where normal negotiation and discussion have failed. That said, it’s often possible to resolve these types of disputes without getting a court involved.
As a newly separated parent, emotions are almost always running high on both ends. However, where possible, these discussions should be had in cool-headed environments with a spirit of fairness on both sides. If you both want what’s best for the child, then a simple discussion can often be a productive strategy for progress.
If discussions are failing, it’s time for mediation – bringing in a neutral third party to help ensure effective communications. Only once mediation has been tried and has not been successful can you escalate to a CAO.
Please note that the above does not apply in cases of domestic abuse. Where domestic abuse has occurred, you will immediately be able to apply for a child arrangement order.
Compromising in Court
Applying for a CAO generally means that both parents are in complete dispute about an issue. It’s the court’s job to find a reasonable compromise that is in the best interests of everyone involved. The court can take either side on an issue depending on the circumstances, or else it can order a compromise between both stances.
It is not unusual for courts to encourage couples back into mediation to effectively resolve their disputes.
Specific Issue Orders
It’s worth noting that there is a distinction between child arrangement orders and specific issue orders. Child arrangement orders are broad, covering many bases to ensure that there is broad clarity about the child’s upbringing.
A specific issue order is, as the name suggests, more specific. This could involve anything from religion to medical choices with the aim of resolving one dispute.
To learn more about child arrangement orders and your legal rights as a separated parent, contact Fitz Solicitors today by emailing info@fitz-legal.com or calling 01753 592000.