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Child Arrangements Order – Introduction
Child Arrangements Order (CAO) is the way to go when disputes between parents arise over children post-separation. Navigating the legal landscape can be complex and emotionally challenging. Child Arrangements Order or CAO is a legal process that determines where a child will live, who they will spend time with, and other aspects of their upbringing. In this guide, we’ll walk through the process of applying for a Child Arrangements Order, from the initial steps of mediation to potential court hearings and assessments.
Mediation as the First Step
The journey typically begins with mediation, where both parties attempt to resolve issues without going to court. Mediation Information and Assessment Meetings (MIAMs) are offered to ensure both parties are aware of the process. If successful, an agreement is reached, and the process ends here.
MIAM Certificate and Moving Forward
In cases where one party refuses to engage in mediation or if mediation proves unsuccessful, the mediator issues a MIAM certificate. This certificate allows the aggrieved party to proceed to court for a Child Arrangements Order.
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Court Application and Initial Hearing
With the MIAM certificate in hand, the applicant can apply to the court for a Child Arrangements Order. Within a few weeks, they receive a court case number. The court then makes a referral to the Children and Families Court Advisory and Support Services (CAFCASS), an integral part of the process.
CAFCASS Safeguarding Call and Checks
CAFCASS serves as the eyes and ears of the court during Child Arrangements Order process. They conduct a Safeguarding call with each parent, complete police and Children’s Services checks, and gather information for a Safeguarding letter. This letter is sent to both parties and the court, outlining their findings.
First Hearing and Dispute Resolution Appointment (FHDRA)
At the FHDRA, parties present Position Statements outlining their wishes and concerns. The court may issue an order if the case is straightforward, such as a sudden disruption in contact without safeguarding reasons. However, if complexities arise, the court may opt for additional steps.
Fact-Finding Hearing or S7 Report
In cases involving allegations and contra-allegations, the court may schedule a Fact-Finding hearing to determine the facts. Alternatively, the court may request CAFCASS to complete a Section (s7) Report, a welfare report providing advice on the children’s circumstances and best interests.
Second Hearing and Possible Final Order
Armed with the information gathered through the Fact-Finding hearing or the s7 report, parties attend a second hearing. Here, the court may be in a position to make a final order, resolving the child arrangements. However, in complex cases involving issues like domestic violence, child abuse, or substance abuse, the process may be prolonged.
Child arrangements order – Conclusion
Navigating the Child Arrangements Order process requires patience, cooperation, and a commitment to the best interests of the child. From mediation to court hearings and assessments, each step contributes to the court’s understanding of the unique circumstances involved. While the process may be challenging, the ultimate goal is to secure a stable and nurturing environment for the children involved.
Navigating the Child Arrangements Order as a dad?
Dads’ Consultancy, led by social work experts, is here to guide you through the process with personalised support. Our team simplifies the journey from mediation to final orders, always prioritizing your children’s well-being. Connect with us today for compassionate assistance – because every dad deserves support in securing the best future for their children.
