Information and advice on the types of financial support available to kinship carers with a child arrangements order.
Child arrangements orders
Information on child arrangements orders for kinship carers, including how you get one, how they work and the support available.
This advice applies to: England
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What is a child arrangements order
A child arrangements order (CAO) is a family court order that sets out who is responsible for a child’s day‑to‑day care. It can set out:
- who the child lives with, and/or
- who the child spends time with and when
In kinship care, we mainly focus on the “lives with” part of the order, because the child is living full‑time with a relative or close family friend.
A “lives with” order also gives that person parental responsibility.
Child arrangements orders replaced the old residence and contact orders in April 2014.
Who can apply for a child arrangements order
You can apply for a child arrangements order if you are:
- the child’s grandparent, aunt, uncle, brother or sister (including by marriage or civil partnership), half-brother or half-sister, or step-parent, and they have lived with you for more than a year
- the child’s appointed guardian following the death of a parent or special guardian
- a kinship foster carer and the child has lived with you for more than a year, or you have consent from everyone who has parental responsibility
- a private foster carer and the child has lived with you for at least 3 years
You can also apply for a child arrangements order if you have consent from:
- everyone else who holds parental responsibility
- children’s services, if the child is in their care
- anyone who already has a residence order or child arrangements order for the child
You must be 18 or over to apply.
If you don’t meet the criteria listed here, you can still apply to the family court for permission to make an application.
The court will not normally make a child arrangements order for a young person aged 16 and over, unless there are exceptional circumstances.
A young person aged 16 can usually choose where they want to live and the court will give significant weight to this, depending on their maturity, mental capacity and whether the place they are living is safe.
An example of exceptional circumstances might be: when there is no one with parental responsibility to make decisions for example, if both parents have died. A kinship carer might get a CAO to make important decisions about the young person’s care, such as medical treatment.
If you are unsure, seek legal advice.
How to apply for a CAO
You can apply for a child arrangements order online or get help from a solicitor. We recommend you get legal advice and support to understand all your options before applying.
Attend a Mediation Information Assessment Meeting (MIAM)
Family mediation is a way of coming to agreement about arrangements outside of court. A mediator is an independent person who can help you reach an agreement. Before you make an application for an SGO privately, you must attend a MIAM.
There is a cost for this. Check if you can apply for the family mediation voucher scheme run by the government.
This meeting is to show you have considered family mediation. The mediator will assess whether family mediation is appropriate for your situation. There is an additional cost for this, but legal aid may cover it.
You may not need to attend a MIAM if:
- children’s services are involved because they are concerned about the child’s safety
- the case is urgent
- the case involves domestic violence
- you have already tried mediation for the same issue within the last 4 months
If you are unsure about whether you will need to attend a MIAM, ask your solicitor.
Find a local family mediator through the Family Mediation Council’s website.
How long a child arrangements order lasts
A “lives with” part of a child arrangements order usually lasts until the child is 16. However the parental responsibility you get with it lasts until the child is 18.
The following can bring the order to an end:
- anyone named in the order
- someone with parental responsibility (including the birth parents)
- the child, if they have the court’s permission
- the local authority children’s services, if they’re involved in the case
There is no supervision or review of a child arrangements order by the local authority after they have granted it.
Parental responsibility
You share parental responsibility with the child’s parents until they are 18 years old, unless the family court states otherwise.
You will need to make basic day-to-day decisions about the child, but would need to consult others with parental responsibility over major decisions such as:
- medical treatment (except in an emergency where the hospital will decide on the best course of treatment)
- schooling
- foreign travel
- hair cuts
You can take the child out of the country for up to 1 month. For longer periods you need the permission of everyone else with parental responsibility or permission from the court. If you can’t reach an agreement, you can apply to the court for a specific issues order. But equally, someone with parental responsibility can apply to the court to stop you.
Difference in parental responsibility between child arrangements orders and special guardianship orders
Parental responsibility (sometimes called PR) is the rights, duties, powers, responsibilities and authority which a parent or guardian has in relation to a child and his or her property.
There are important differences between the rights you have with a child arrangements order and with a special guardianship order. If you hold a special guardianship order, you can make most decisions without the parents’ input or consent.
Decision making
To clarify which decisions you can make, you might find it helpful to draw up a document which both you and the parents sign. If you have trouble arranging this with the parents, you can ask your local authority children’s services for support.
If you and the child’s parents cannot agree over particular issues, you can apply for a court order and the judge will make a decision.
Benefits and financial help
There is a discretionary, means-tested child arrangements order allowance. You are more likely to get an allowance if the child was in care of children’s services before the court granted the order.
In England, your local council’s family and friends care policy will include information about child arrangements order allowances. Find your local policy, as well as other services, information and support in your local area from our Kinship Compass.
You may also be able to access government benefits from the Department for Work and Pensions (DWP). These are separate to financial support you might get from the local authority.
Read more about financial support for child arrangements orders
Getting support
All children’s services departments should have a kinship local offer, which includes the support they offer to kinship carers. You can find this as well as other services, information and support in your local area using our Kinship Compass.
Kinship carers with a child arrangements order can get information and advice from their virtual school. Read more about how virtual schools could support your kinship child.
Going through the process to get a child arrangements order can be a stressful time. We offer a range of free support for all kinship carers, including workshops, online advice and information, and support groups.
Contact our advice service to speak to an adviser.
Related advice and information
Stepping up to raise a child can be expensive, and money worries are common for kinship carers. Find out what financial support and benefits are available to you.
Information on informal kinship care arrangements, including how you become an informal kinship carer and available support.
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