Welcome to McKenzie Court Buddy Family Center

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 When parents or other carers are unable to agree on where a child should live or how they should spend time with each parent, a Child Arrangement Order (CAO) can help resolve the situation. This order is legally binding and outlines how and when a child will spend time with each parent or carer, ensuring that the child’s best interests are at the forefront of any decision.

If you are considering applying for a Child Arrangement Order, here is a step-by-step guide to the procedure:

Before applying to the court for a Child Arrangement Order, you are required to attend a Mediation Information and Assessment Meeting (MIAM). This step is designed to encourage parents to resolve disputes amicably without going to court.

• Mediation involves meeting with an independent mediator to discuss the issues and try to reach an agreement.
• If mediation is unsuccessful or not appropriate (e.g., cases involving domestic violence), you may be exempt from this requirement.

If mediation does not resolve the dispute, the next step is to apply for a Child Arrangement Order through the Family Court. The application process generally involves the following:

• Complete the application: You will need to fill out a specific form (C100 form) outlining the details of your case, including the reasons for your request and what you are seeking (e.g., residence, contact, or both).
• Pay the application fee: There is usually a fee for submitting the application, although this may be waived or reduced depending on your financial situation.
• Submit the form: The completed form is submitted to the family court.

Once the court receives your application, you will be notified of the date for the first hearing, known as a First Hearing Dispute Resolution Appointment (FHDRA). During this hearing, the court will:

• Discuss the situation and explore whether a resolution can be reached without further hearings.
• Make interim decisions if needed (e.g., temporary arrangements for the child).
• Decide if further evidence or hearings are required.

If the court is unable to reach an agreement at the first hearing, there may be further hearings to resolve the dispute. These hearings might involve:

• Evidence: You may be asked to submit further evidence to support your case, including witness statements.
• Expert Reports: The court might order reports from professionals such as social workers or child psychologists to help assess the child’s needs and welfare.

If the case proceeds to a final hearing, the court will make a decision based on the evidence provided. The outcome may include a Child Arrangement Order that outlines specific arrangements for where the child will live, how they will spend time with each parent, and any other relevant provisions (e.g., decision-making about the child’s education or medical care).

• The Child Arrangement Order is legally binding, meaning both parents must comply with the terms of the order.
• If either parent fails to comply with the order, the other may take enforcement action through the court.

Navigating child arrangement matters can be complex and emotionally challenging. Michelle is here to guide you through every step of the process, ensuring that your child’s best interests are prioritized and that your rights as a parent are protected.

Whether you are seeking advice on mediation or need representation in court, Michelle is here to support you. 

Contact today to schedule a consultation and take the first step toward resolving your family law matters.