Child Arrangements Orders (CAOs) - Process & Enforcement

Question 1

MIAM:

Answer 1

Mediation Information and Assessment Meeting-
Generally a compulsory first step before most private law children applications (and financial remedy applications).

Question 2

MIAM purpose:

Answer 2

To see if the dispute can be resolved through mediation rather than court proceedings.

Question 3

Exemptions of MIAM?

Answer 3

Exemptions exist (e.g., domestic abuse, urgency). Failure to attend without exemption can lead to costs orders or case adjournment.

Question 4

Role of CAFCASS (Child and Family Court Advisory and Support Service)?

Answer 4

Independent body whose officers (CAFCASS Officers, formerly known as Family Court Advisers) are appointed by the court

Question 5

Exemptions of MIAM?

Answer 5

Exemptions exist (e.g., domestic abuse, urgency). Failure to attend without exemption can lead to costs orders or case adjournment.

Question 6

CAFCASS Officers are appointed by the court for…?

Answer 6

• Safeguard and promote the welfare of children involved in family proceedings.
• Provide reports to the court (often called (s.7 reports) or “welfare reports”) which include:
• Ascertaining the child’s wishes and feelings (factor (a) of checklist).
• Assessing welfare issues, risks, and needs.
• Making recommendations to the court about arrangements.

Question 7

Is the report from CAFCASS binding?

Answer 7

CAFCASS reports are not binding on the court, but carry significant weight. The court makes the final decision based on all evidence and the welfare checklist.

Question 8

Private Law children proceeding-proceedings can involve various hearings, likes?

Answer 8

First Hearing Dispute Resolution Appointment - FHDRA;
Dispute Resolution Appointment - DRA;
Final Hearing

Question 9

Breach of a CAO is serious. The court has various powers if an order is not complied with, including?

Answer 9

1. Warning notices.
2. Referral to mediation or parenting programmes.
3. Variation of the order.
4. Enforcement Orders (s.11J CA 1989)
5. Compensation for financial loss caused by breach.
6. Committal to prison or fines for contempt of court (very much a last resort, especially if it impacts child’s carer).
7. Ultimately, the court can reconsider the living arrangements if one parent persistently frustrates contact ordered for the benefit of the child, if this is in the child’s best interests.

Question 10

What is Enforcement Orders (s.11J CA 1989)?

Answer 10

Can impose unpaid work requirements (40-200 hours) if breach is without reasonable excuse.