Capitol Family Mediation Harrow

A CAO specifies two main elements of a child’s care:

1. Where the child is to live: This dictates the child’s primary home. The court may specify that the child lives with one parent (sole residence) or, increasingly, that the child lives with both parents (shared residence), even if the time spent with each is not exactly equal.
2. Who the child is to spend time with: This sets out the contact arrangements with the parent the child does not primarily live with, or the other parent in a shared residence situation. This can include:
   • Direct Contact: Face-to-face visits, including overnights.
   • Indirect Contact: Phone calls, video calls (e.g., WhatsApp, Zoom), letters, or emails.

The Court’s Paramount Consideration

In all decisions concerning children, the Family Court’s paramount consideration is the child’s welfare. The judge will apply the Welfare Checklist (outlined in the Children Act 1989) to assess what is best for the child.

Key points in the Welfare Checklist include:

• The child’s wishes and feelings (considered in light of their age and understanding).
• The child’s physical, emotional, and educational needs.
• The likely effect of any change in circumstances.
• Any harm the child has suffered or is at risk of suffering.
• The capability of each parent to meet the child’s needs.

The Court Process and Mediation

Before applying to the court for a Child Arrangements Order (using the C100 form), parents are legally required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption (such as domestic abuse or urgency) applies.

Mediation is a process where an impartial mediator helps parents agree on arrangements without going to court. The court strongly encourages parents to resolve disputes through mediation or negotiation, as this is often less stressful, quicker, and cheaper for the family.

Types of Supporting Orders

If there are disputes over specific, one-off issues, the court can also make:

• Specific Issue Order (SIO): Resolves a dispute on a single issue (e.g., which school the child attends, whether the child can change their name, or where they receive medical care).

Prohibited Steps Order (PSO): Prevents a parent from taking a specific action (e.g., taking the child out of the country, or removing the child from their current school).