Common Misconceptions Answered – Child Arrangements
1. “A Child Arrangements Order automatically gives full custody to one parent.”
A Child Arrangements Order (CAO) does not give full custody to one parent. Instead, the purpose of the Order is to set out where a child lives, who they spend time with, and when. It can also consider how a child may communicate with the other parent (or any other individuals). CAOs are designed to ensure both parents can maintain a meaningful relationship with their child unless there are specific reasons, such as welfare or safety concerns, preventing this.
2.: “The mother will always get primary care of the child.”
There is no automatic presumption in UK law that the mother will always be granted a live with order instead of the child’s father. Decisions are made based on the best interests of the child, and in some cases, the father may be granted primary care or equal shared care, depending on circumstances. The welfare of the child is the court’s paramount consideration, not the gender of the parent.
3. “If a parent doesn’t follow the CAO, they will immediately lose their rights.”
If a parent breaches the terms of a CAO, they won’t automatically lose their parental responsibility or rights to spend time with their child. The court may take enforcement action if a parent continually fails to comply with court orders, but this is usually done after attempts to resolve the matter by other means, such as mediation, have been unsuccessful. The consequences depend on the nature and frequency of the breach. Enforcement options include fines, community service, or amending the court order, it may also include imprisonment in exceptional circumstances. However, losing parental rights is extreme and rare.
4. “A Child Arrangements Order is permanent and can’t be changed.”
A CAO is not permanent and can be varied if circumstances change. Either parent can apply to vary the order if they believe the existing arrangement no longer serves the best interests of the child. The court will assess the new circumstances and make a decision based on the child’s welfare.
5.”If there’s a CAO in place, a parent can move the child to another part of the UK without permission.”
If a CAO specifies where a child lives, the parent with whom the child resides cannot move the child to another part of the UK or abroad without either consent from the other parent or a court order permitting it. If the move would affect the child’s relationship with the other parent, it’s essential to seek legal advice or apply to the court for permission.
6. “If one parent has a CAO, the other parent has no parental responsibility.”
Parental responsibility is separate from a CAO. Both parents usually retain parental responsibility (e.g., for decisions about the child’s education, medical treatment, and religion) regardless of the specifics of the CAO. A CAO deals only with living arrangements, contact, and communication, not overall responsibility.
7.”The child’s preference always determines the CAO.”
While a child’s wishes are taken into account, especially as they grow older, the child’s preference is not the deciding factor. The court will balance the child’s wishes against what is considered to be in their best interest, factoring in issues like age, maturity, and safety. The welfare of the child remains the priority.
8.”The court will always order 50/50 shared custody.”
The court will not automatically grant a 50/50 shared care arrangement, as this may not be suitable for every family or child. The court will assess the child’s best interests, considering practical factors such as school, parental availability, and the child’s emotional needs. Shared arrangements are only ordered when they are in the child’s best interest. Shared care arrangements don’t always have to mean an exact 50/50 split of time, many cases result in a different split in time between parents.
9.”Once a CAO is in place, there is no need for mediation.”
Even with a CAO in place, mediation is often encouraged as an ongoing way to resolve any future disagreements between parents. Courts prefer parents to try and resolve their differences through mediation before returning to court, as it is seen as causing less conflict and better for the child in the long run.
10. “A parent can refuse the other parent contact if child maintenance isn’t paid.”
Child maintenance payments and contact arrangements are separate legal issues. A parent cannot deny the other parent contact with their child simply because child maintenance isn’t being paid. If there are issues with child maintenance, they need to be dealt with separately, through the Child Maintenance Service, but not by withholding contact.
Understanding these clarifications can help parents or guardians navigate child arrangements more effectively and ensure that they focus on what is ultimately in the child’s best interests.
