Children: Residence, Contact and Parental Responsibility:
The breakdown of a relationship can be difficult for everyone, particularly where children are involved. The welfare of a child is paramount and therefore it is important to focus on children, whether it be in terms of their safety and wellbeing or maintaining the relationship that they have with both parents.
Looking for guidance?
Parents can sometimes disagree on the arrangements in relation to, for example where a child might live, when the child will see or visit the other parent or if there is an important decision which has to be made in respect of the child. If there is a dispute the court may be asked to determine what is in the child’s best interests and decide the issue accordingly.
Parents are encouraged to agree living arrangements but if they cannot then the court may make a Child Arrangements Order. Child Arrangements Orders include where the child will live, the basis upon which a child will have contact with the other parent, Orders preventing a parent from taking specific steps with regard to a child or Orders dealing with specific issues.
- The breakdown of a relationship can be emotionally complex – especially when children are involved. At Talbot Walker LLP, we understand that your child’s welfare is paramount. Our role is to help you navigate these sensitive issues with clarity, compassion and legal expertise.
- Whether the concern is about a child’s safety, wellbeing or maintaining meaningful relationships with both parents, we offer guidance tailored to your family’s needs.
- Encouraging Agreement first:
- Parents are encouraged to reach mutual agreements regarding:
- Where the child will live.
- How and when the child will spend time with each parent.
- Decisions about education, healthcare and other key matters.
- If an agreement cannot be reached, the Court may be asked to intervene and determine what is in the child’s best interests.
Child Arrangement Orders:
- Under the Children Act 1989, the Court can issue a Child Arrangements Order (CAO) to regulate:
- Living Arrangements – Who the child lives with and when.
- Contact Arrangements – How and when the child spends time with the other parent or family members.
- Prohibited Steps – Preventing a parent from taking specific actions (e.g., relocating the child abroad).
- Specific Issue Orders – Resolving particular disputes (e.g., choice of school or medical treatment).
- These orders are designed to reflect the child’s best interest and may include direct contact (in person), indirect contact (letters, calls) or supervised arrangements where necessary.
Who can apply?
- Parents with parental responsibility who can apply directly for a CAO.
- Step-parents, guardians or others who have lived with the child for a significant period may also apply.
- Non-biological or adoptive parents may need the Court’s permission to apply, depending on their legal status and relationship with the child.
Safeguarding and CAFCASS involvement:
- When an Application is made, the Court refers the matter to CAFCASS (Children and Family Court Advisory and Support Service). CAFCASS conducts a risk assessment to identify any safeguarding concerns and advise the Court accordingly.
- The process typically involves:
- Initial safeguarding checks.
- Court Hearings to address interim issues.
- Final Hearing, where the Court considers all evidence before making a binding decision.
Duration of Orders:
- CAOs regulating where a child lives can last until the child turns 18.
- CAOs regulating contact arrangements typically last until the child is 16, unless extended in exceptional circumstances.
