Understanding Parental Responsibility & Child Arrangements: A Guide for Parents

Navigating family law matters can be challenging, especially when disputes arise over a child’s upbringing or living arrangements. Understanding your legal rights and obligations is crucial in ensuring the best outcome for your child. This guide outlines the key aspects of parental responsibility and Child Arrangements Orders (CAOs) to help you make informed decisions.  Our Family Law Team at Ware & Kay provide expert legal advice on parental responsibility and child arrangements.

Parental Responsibility

Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has in respect of their child. It includes important decisions about the child’s upbringing, including their education, medical treatment, religious teaching, and overall welfare.

Who Has Parental Responsibility?

The law governing parental responsibility is primarily set out in the Children Act 1989. The following individuals automatically acquire parental responsibility:

1.       Mothers – A biological mother automatically has parental responsibility from birth.

2.       Fathers – A father has parental responsibility if:

3.       He was married to the child’s mother at the time of birth.

4.       The child was born after 1 December 2003, and he is named on the birth certificate.

If a father does not automatically have parental responsibility, he may acquire it by:

• Entering into a Parental Responsibility Agreement with the mother.
• Applying for a Parental Responsibility Order from the court.
• Appointment as the child’s
• Obtaining a Child Arrangements Order (stating that the child will live with him)

Other individuals, such as step-parents or guardians, can also acquire parental responsibility through a court order, adoption, or being appointed as the child’s guardian.

Child Arrangement Orders

A Child Arrangements Order (CAO) is a legal order issued by the Family Court that specifies where a child will live, how much time they will spend with each parent and where, and other contact arrangements. These orders replaced residence and contact orders under the Children Act 1989 (as amended by the Children and Families Act 2014). A Child Arrangements Order can also provide for contact to take place under supervision, or in a contact centre. Biological parents of a child subject to a CAO can apply to the court to discharge it at any time.

Who Can Apply for a Child Arrangements Order?

The following individuals can apply for a CAO:

• Parents, guardians, or special guardians.
• Any person with parental responsibility.
• A step-parent or a person the child has lived with for at least three years.
• Anyone with the court’s permission to apply.

The Process of Obtaining a Child Arrangements Order

• Mediation Information and Assessment Meeting (MIAM)

Before making an application, the applicant is generally required to attend a Mediation Information and Assessment Meeting (MIAM). This meeting helps determine whether mediation could resolve the dispute without court intervention. Certain exceptions apply, such as cases involving domestic abuse or urgency.

• Filing an Application (Form C100)

If mediation is unsuccessful or inappropriate, the applicant must complete Form C100 and submit it to the Family Court. If there are concerns about domestic abuse or harm to the child, Form C1A should also be completed. A court fee applies, although exemptions may be available.

• First Hearing – First Hearing Dispute Resolution Appointment (FHDRA)

After receiving the application, the court schedules a First Hearing Dispute Resolution Appointment (FHDRA). During this hearing:

• The court reviews the application.
• Cafcass (Children and Family Court Advisory and Support Service) provides a safeguarding letter assessing any risks to the child.
• If agreement is reached, the court may issue a final order. If not, further hearings will be scheduled.

• Further Hearings and Fact-Finding Hearing (if necessary)

If disputes remain, the court may order additional hearings. In cases involving allegations of domestic abuse or other welfare concerns, a fact-finding hearing may be held to establish the facts before proceeding.

• Final Hearing

If no agreement is reached, the case proceeds to a final hearing, where a judge considers evidence and makes a legally binding decision based on the child’s best interests, following the welfare checklist in Section 1 of the Children Act 1989.

Factors Considered by the Court

The court’s primary consideration is the child’s welfare. Key factors include:

• The child’s wishes and feelings (depending on their age and maturity).
• Their physical, emotional, and educational needs.
• The likely effect of any changes in the current circumstances.
• Any risk of harm to the child.
• Each parent’s ability to meet the child’s needs.

Enforcement of a Child Arrangements Order

If a parent fails to comply with a CAO, the other parent may apply to the court for enforcement proceedings. The court may impose penalties, including fines, unpaid work requirements, or, in extreme cases, imprisonment. However, enforcement must still align with the child’s welfare.

Conclusion

Parental responsibility grants parents and guardians significant legal rights and obligations concerning a child’s upbringing. In cases where disputes arise over child arrangements, a Child Arrangements Order ensures that living and contact arrangements are made in the child’s best interests. While mediation is encouraged, the Family Court ultimately has the power to issue binding orders however it sees fit.

At Ware & Kay, our experienced Family Law Team provides clear, practical advice to help parents navigate the complexities of parental responsibility and child arrangements. Whether you need assistance with mediation, court applications, or representation, we are here to support you.

Contact our Family Law Team on York 01904 716000 or email law@waerkay.co.uk for expert legal guidance tailored to your needs.