What is the Court application process for a CAO and what happens at Court?
Obtaining a CAO involves several steps, as follows:
Attending a MIAM – Before applying to Court, parents must have first considered mediation. They must, as a minimum, have attended a Mediation Information and Assessment Meeting (MIAM) which is a preliminary meeting with a mediator to explore the mediation process and determine whether mediation would be appropriate in their case. There are a few limited exceptions to attending a MIAM as a prerequisite to Court, including cases involving domestic abuse.
Court application – If mediation is unsuccessful or deemed inappropriate, the next step is to apply to the family court for a Child Arrangements Order. The applicant must complete a C100 form, providing details about the child, the proposed arrangements, and any previous attempts to resolve the dispute. The current fee for this application is £255.
FHDRA Hearing – Upon receiving the application, the Court will list a ‘First Hearing Dispute Resolution Appointment’ (‘FHDRA’). The purpose of this hearing is to identify the issues in the case and set a timetable for the case and the steps that need to be taken to reach a resolution. The Court may appoint a CAFCASS (Children and Family Court Advisory and Support Service) officer to assist and provide their recommendations in relation to the application at an early stage.
DRA Hearing – If the case is not resolved at the first hearing, the Court may list a second hearing known as a ‘Dispute Resolution Appointment’ (‘DRA’). A DRA is designed to identify any unresolved issues and explore whether the parents can reach an agreement on these issues or narrow them down. If an agreement is reached at the DRA, it can be formalised into an Order. If an agreement cannot be reached at that stage, the case will be listed for a Final Hearing. Sometimes, where there are limited issues in the case or CAFCASS is not involved, the Court will bypass the DRA and list the matter straight to a Final Hearing following the FHDRA.
Final Hearing – If the case cannot be resolved at any previous hearing, or through negotiations outside of Court, a Final Hearing will be listed. At a Final Hearing, both parties will present their evidence and their position on what they think that the arrangements should be, and a Judge will make the final decision based on the child’s welfare and best interests.
Our family law solicitors offer an initial free consultation, which you can book by emailing us at family@mincoffs.co.uk, or call our expert team on 0191 281 6151 today.
