A Child Arrangement Order incorporates what were previously known as Residence & Contact Orders and sets out where a child shall live and / or the arrangements for contact. To do this, grandparents have to have permission from the Court to make an application. We can advise you and make your application for you.

A Grandparent firstly needs to ask the Court for permission to make an application. A parent does not need to ask permission. We will support you to ask the Court for permission to make an application. Once the Court has given permission for you to bring an application, the Court then has to determine whether or not the application for residence or contact is in the best interest of the child. In the Children and Families Act 2014, the term contact is now been replaced with a “child arrangements order”. This means that the court can determine the arrangements for where a child should live and who they should have contact with.

It is very difficult to predict each individual case (see also flow chart in Court Procedure tab). The procedure is as follows:-

The application is made to the Court (grandparents must have made a referral to mediation first and we will help you with that).

A copy of the application is sent to CAFCASS who do some initial background checks both with the police and Social Services. In addition, they may speak to the various people involved in the case including the grandparents and parents. At this stage, CAFCASS would not speak to the grandchildren.

The Court sends back the papers to the grandparents to serve upon the opponent (usually the parents).

The Court give a date (usually one month to six weeks after the date of issuing the application)

The Court hearing is for a “directions appointment”. A lot of people think that the case will be disposed of there and then at Court on this occasion. However, it is the first time that the Judge has heard from both sides and quite often, the Judge will decide that further information is needed before making a final decision.

If the Court orders CAFCASS involvement, CAFCASS will be ordered to prepare a report – the time that it takes varies from area to area although generally, takes about fourteen weeks. If CAFCASS is involved, the case will be adjourned for a period of twelve weeks to fourteen weeks to hear what CAFCASS recommend. As part of their enquiries, CAFCASS are likely to speak to all of the people involved in the case including grandparents and parents. They may also speak to the children although this will very much depend upon the children’s age and understanding.

When the case goes back to Court the Judge will want to know whether or not the parties to the proceedings are all in agreement. If they are, final orders can be made (only if the Judge approves them). If the people involved in the case do not still agree, after the involvement of CAFCASS, as to what should happen with the application, the Court is likely to list the case for a contested hearing.

A contested hearing means that everyone involved in the case will have to give evidence. This means grandparents giving evidence and parents. Both can call witnesses if they choose to do so but again, Judges do not want to clog up too much Court time on hearing from people who may not be able to assist the Court so they should only be used sparingly and wisely. The Judge then decides whether or not the application will be granted and what level of contact should take place. The Judge can ask for the case to be reviewed in a few months to see how the arrangements are going.

It’s our job to guide you through the process and represent you before the Court. We will ensure you understand what is happening every step of the way and do our very best to secure a positive legal outcome for you in the best interests of your grandchild or grandchildren.

CAFCASS are appointed by Judges to become involved in cases once an application has been made to the Court. CAFCASS stands for Children and Family Court Advisory and Support Service. CAFCASS have a really good website that can be found at www.cafcass.gov.uk. As part of their enquiries, CAFCASS are likely to speak to all of the people involved in the case including grandparents and parents. They may also speak to the children although this will very much depend on the children’s age and understanding.

A contested hearing means that everyone involved in the case will have to give evidence. This means grandparents giving evidence and parents. Both can call witnesses if they choose to do so but again, Judges do not want to clog up too much Court time on hearing from people who may not be able to assist the Court so they should only be used sparingly and wisely. The Judge then decides whether or not the application will be granted and what level of contact should take place. The Judge can ask for the case to be reviewed in a few months to see how the arrangements are going.