Child arrangements and contact orders—domestic abuse and harm A substituted Family Procedure Rules 2010 (FPR 2010), FPR 2010, PD 12J (Child Arrangements and Contact Orders: Domestic Abuse and Harm) came into effect from 2 October 2017. FPR 2010, PD 12J now incorporates and supersedes the President's Guidance in Relation to Split Hearings (May 2010) as it applies to proceedings for CAOs. The introduction of a new FPR 2010, PD 12J has arisen following the report by the Working Group chaired by Cobb J that was commissioned by the President of the Family Division, Sir James Munby, following the recommendations made by the All-Party Parliamentary Group on Domestic Violence (the APPG) in 2016 in the Parliamentary Briefing: Domestic Abuse, Child Contact and the Family Courts, which drew attention to the importance of FPR 2010, PD 12J. The President asked Cobb J to review Family Procedure Rules (FPR 2010), PD 12J to examine whether further amendments were needed. That report—Review of Practice Direction 12J FPR 2010–Child Arrangement and Contact Orders: Domestic Violence and Harm , together with a draft

A child arrangements order means an order relating to: with whom a child is to live, spend time or otherwise have contact with, and when a child is to live, spend time or otherwise have contact with any person.

This Practice Note sets out the general principles regarding child arrangements orders (CAOs) that provide for a child to live with two or more persons who do not live together. The principal cases in relation to shared residence orders are reviewed. It also covers cases concerning child arrangements orders regulating with whom a child is to live and same-sex partners. A child arrangements order (CAO) is an order that regulates arrangements relating to with whom a child is to live, spend time or otherwise have contact, and/or when a child is to live, spend time or otherwise have contact with any other person. For further information about CAO’s that regulate living arrangements and the factors that the court will take into account when making such orders, see Practice Note: Child arrangements orders—residence. Child arrangements orders providing for a child to live with two or more persons Although under section 8(1) of the Children Act 1989 (ChA 1989), CAOs regulate arrangements

This document provides general guidance regarding applications for child arrangements orders. Your family lawyer will be able to provide specific advice based on your circumstances. What is a child arrangements order? A child arrangements order (CAO) is an order that regulates arrangements for a child that relate to any of the following: • with whom the child is to live, spend time or otherwise have contact • when the child is to live, spend time or otherwise have contact with any person Contact simply means the time that a child spends with an adult. There are several ways that contact may take place: • direct contact between the child and the person named in the order • overnight staying contact • supervised contact, and • indirect contact through letters or cards In rare circumstances, where the best interests of the child dictate, the court can order that there is no contact. A CAO may specify the person with whom a child is to live, but not specifically where. A CAO may provide for the child to live with one parent only or it may provide for the child to share their time between both

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 order' and 'contact order’ have not been used in private law children proceedings and instead have been replaced by a new single order called a child arrangements order (CAO). A CAO is an order relating to: • whom a child is to live, spend time or otherwise have contact with, and • 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 may 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

This Practice Note explains what a child arrangements order (CAO) is under section 8 of the Children Act 1989 (ChA 1989), focusing on CAOs that regulate the time the child will spend or otherwise have contact with any person . It explains the factors taken into account, the different modes of contact and the general principles applied by the court in relation to contact orders. It sets out the effects of a CAO. It also explains who can apply for a CAO, restrictions on making a CAO and the duration of a CAO. It covers cases in which parental contact was refused, alienating behaviours and the presumption of continuing contact. Child arrangements orders A CAO is an order relating to: • whom a child is to live, spend time or otherwise have contact with, and • 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

The Child Arrangements Programme (CAP), contained in the Family Procedure Rules 2010, SI 2010/2955, pt 12B, from 22 April 2014 replaced the Revised Private Law Programme, and combined with SI 2010/2955, pt 12 governs the procedure for an application where a dispute has arisen between separated parents and/or families about the arrangements for a child.

Introduction This Flowchart outlines the procedural steps required to obtain court approval of a settlement in a child’s claim. It guides practitioners

Child custody describes, in everyday legal practice, who is responsible for a child’s day‑to‑day care, where the child lives and who makes major decisions about the child’s upbringing after parental separation or state intervention. In the UK and Ireland it is now largely a non-technical or historical term: modern statutes and courts typically refer instead to “parental responsibility” and “child arrangements” (England and Wales), “residence” and “contact” (Northern Ireland), “parental responsibilities and rights” and “residence orders” (Scotland), and “guardianship”, “custody” and “access” (Ireland). Although “custody” still appears in some Irish legislation and older UK case law, most current proceedings concern orders regulating residence, contact and decision‑making rather than “custody” as such. The concept is central in private law disputes between parents and in public law care proceedings, where courts may allocate parental responsibility, determine living arrangements, or authorise local authority/HSE intervention. Across all four jurisdictions, the child’s welfare or best interests are the paramount or first and overriding consideration when determining custody-type issues, alongside factors such as safety, continuity of care and the child’s views, depending on age and maturity.

Local Government analysis: The child element of Universal Credit (UC) was not capable of categorisation, in its own right, as a social security benefit for the purposes of EU social security coordination legislation which remained directly effective in domestic law post-Brexit. There was no doctrine of severance which permitted the child element of UC to be considered separately from the rest of UC for these purposes. The court declined to make a reference to the CJEU under the UK-EU Withdrawal Agreement, leaving questions about its power to do so to be decided ‘on a more appropriate occasion’. Written by David Illingworth, barrister at Exchange Chambers.

A payment made (usually by a parent) to the other parent for outgoings relating to a child or children. Child maintenance may be paid on a voluntary and agreed basis, via the Child Maintenance Service (CMS) or in limited circumstances ordered by the court (also known as 'child periodical payments' or 'child support').

Child maintenance is a payment made (usually by a parent) to the other parent for outgoings relating to a child or children.