Child arrangements orders—residence
Child arrangements orders—residence

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Child arrangements orders—residence
  • Child arrangements orders—regulating living arrangements
  • Principles to be applied when making a CAO
  • Jurisdiction
  • Applicants
  • Duration of CAOs regulating with whom a child is to live
  • Restrictions on making a child arrangements order regulating with whom a child is to live
  • Directions and conditions
  • Effects of a CAO that regulates with whom a child is to live
  • Interim orders
  • more

Child arrangements orders—regulating living arrangements

Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the terms 'residence' and 'contact' have not been used in private law children proceedings.

CFA 2014, s 12 amended section 8(1) of the Children Act 1989 (ChA 1989) by removing the definitions of 'contact order' and 'residence order' and inserting instead a new single order called a child arrangements order (CAO).

A CAO is an order relating to:

  1. whom a child is to live, spend time or otherwise have contact with, and

  2. when a child is to live, spend time or otherwise have contact with any person

Specific matters that arise in connection with the exercise of parental responsibility for a child and that do not concern with whom the child should live or spend time will continue to be dealt with by means of specific issue orders or prohibited steps orders. See Practice Notes: Specific issue orders and Prohibited steps orders.

A CAO that regulates with whom a child is to spend time or otherwise have contact and when, covers those matters that were formerly contained in a contact order. See Practice Note: Child arrangements orders—contact.

A CAO that regulates the child's living arrangements, ie with whom they will live and when, covers those matters that were formerly contained