Child arrangements order

[joebloggsandco]

Can anyone advise, I am currently making an application for a CAO on the advice of police and my solicitor...

1. what happens if the respondent doesn't... well, respond?

2. how long does the CAO stand for? For example, if you request no contact from the respondent for relevant reasons, does that mean that in a year or so, that CAO can change? (Not expecting it to, under the circumstances, I just don't want to appear harsh by the courts, although I have extremely good reason to not allow contact, if that makes sense...)

What evidence do you need to negate a MIAM? Does a letter from a social worker/DV support agency suffice?

Thanks.

Ok, so response so a bit of a bump here

Not an expert however my understanding is that a CAO is in place unless those with PR agree something different or one party goes back to court for a variation.

1. A court can make an application in the absence of the respondent. The respondent may be given several chances to attend/respond.

2. A CAO stays in force until the child is 16, or the parties agree between them to change the order or one party secures a variation from the court. Certain terms of the order may apply for a set period of time determined by the parties themselves or by the judge eg weekday contact until child starts school or monthly contact until x date and then on y date fortnightly contact commences.

No contact is reserved for the most severe situations. It’s more likely where the non-resident parent is deemed to never be a safe person for the child to be around or where indirect or supervised contact has been attempted or failed. No contact may also be ordered as a short term interim arrangement while safeguarding checks and assessments are completed.

3. There is a long list of what would exempt you from needing to attend a MIAM - www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_03a#para17

Point 1 should read the court can make an order, not an application.

As pp said court can make an order in their absence if they don't respond, they will usually give them a few chances though before they do that.

If you're suggesting no contact go with as much evidence as possible from any progressional willing to give it. I worked in child care law for a lot of years. No contact orders need to be well backed up. They may suggest indirect contact depending on circumstances

Thanks for the advice. I've put no contact with all the evidence/reasons plus the bastard is no longer in the country, but I am guessing that they can order supervised contact? Not that I think he will show his face again.

One more stupid question, if they order supervised contact, seeing as he is no longer in the country, how would that work? He has not seen dc for nearly six months and as I said, I doubt he will.

Also, as I understand it, the CAO will trigger a section 7 report? And this will contain all the concerns about him that have been raised by ss and the police? Does this mean that I will finally be informed of extent the risks he poses? At the moment he is protected by confidentiality...

Does your ex want contact? Have you taken legal advice?

If he’s not in the country and not asking to see them you might not get an order because of the no order principle. You could get a prohibitive steps order to prevent him taking them from your care.

A section 7 is not always triggered. Basic safeguarding checks are completed (schedule 2, if I remember right).

Lots of legal advice. Both solicitor and ss have confirmed that a child arrangement order plus prohibited steps should be applied for.

He rings up various agencies from time to time ranting and raving that he is no risk to dc and should be given unsupervised contact, his parents have also done similar. So I am guessing that it is for peace of mind apart from anything else, plus his behaviour is so irrational and unpredictable (I suspect drugs somewhere in the mix), that I do not want to run the risk of him just turning up and attempting to take the dc. If that makes sense.

Yes absolutely, sounds sensible.