Q&As

A child arrangements order (CAO) was made in relation to contact. The parties then reconciled and the CAO was not adhered to. They then separated again and contact broke down. Has the original CAO lapsed due to the reconciliation and a fresh application to the court required, or can the original CAO be enforced?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 20 November 2018
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Section 11(5) of the Children Act 1989 (ChA 1989) provides that where a child arrangements order (CAO) has been made with respect to a child, and the child has two parents who each have parental responsibility for the child, the order, so far as it has the result that there are times when the child lives or is to live with one of the parents, shall cease to have effect if the parents live together for a continuous period of more than six months.

Similarly, ChA 1989, s 11(6) provides that a CAO, so far

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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