Children Residency order
After divorce or separation, both parents need to make critical decisions involving the residency of the children. MIAMS Mediation helps that conversation to take place safely.
After divorce or separation, both parents need to make critical decisions involving the residency of the children. MIAMS Mediation helps that conversation to take place safely.
Such arrangements were previously called Residence Orders and Contact Orders respectively. Child Arrangement Orders have since replaced them.
Child arrangement orders can be applied by the child’s mother, father or anyone with parental responsibility. Other relatives like grandparents can also apply for the orders but limited to the court’s decision.
All mothers and fathers have legal rights and responsibilities called Parental Responsibilities.
These responsibilities include providing a home for a child and protection from any form of harm.
Having parental responsibilities does not necessarily mean living with a child, but the other parent will still update you on the child’s well-being and progress. Parents have to ensure their children get financial support whether they have parental responsibilities or not.
A child residency order, now known as a “child arrangements order” in the UK since the Children and Families Act 2014, is a legal order issued by a court that determines where a child will live and the contact arrangements with the non-resident parent. These orders are typically sought in situations where parents are unable to agree on living arrangements following a separation or divorce.
What does a Child Arrangements Order cover, and how does it differ from the old terms like “custody” and “access”?
A Child Arrangements Order (CAO) determines where a child will live, with whom they will spend time, and how they will maintain contact with each parent. Unlike the old terms “custody” and “access,” which suggested a winner-takes-all approach, CAOs are designed to be more flexible and child-centric, promoting shared parenting responsibilities and reducing conflict by focusing on the child’s needs rather than ownership. Our mediation team will be able to guide you through the best ways to resolve your child access disputes.
When deciding on a CAO, the court’s primary consideration is the welfare of the child. Factors include the child’s wishes and feelings (considered in light of their age and understanding), their physical, emotional, and educational needs, the likely effect of any changes, and the capability of each parent to meet the child’s needs. The court also considers any risk of harm to the child and the benefit of maintaining contact with both parents.
Parents can make their own arrangements without going to court. It is encouraged that parents agree on a parenting plan that works for both of them and the child, thus avoiding the need for a CAO. However, if parents cannot agree, they may need to apply for a CAO, and the court will make a decision based on the child’s best interests.
If a parent does not comply with a CAO, the other parent can apply to the court for enforcement. The court may take several actions, including imposing penalties such as fines, requiring compensation for any loss, or ordering the defaulting parent to carry out unpaid work. The court’s primary goal is to ensure that the CAO is followed in a way that benefits the child.
Yes, a CAO can be modified if there are significant changes in circumstances. Either parent can apply to the court to vary the order. The court will review the new circumstances and decide based on the best interests of the child. Ideally, parents should try to agree on any changes before involving the court with a mediator, but if they cannot agree, a court application may be necessary.
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Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the supportof a mediator who will hold a Mediation Information Assessment Meeting or MIAM. A MIAM can guide communication and set the tone for the goals of mediation.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms either virtually or physically and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
[MIAMS Mediators can also help with will disputes: resolving issues between and coming to an acceptable compromise to the conflict that arises as a result of separation.