Observations on practice and developments in private international law relating to children and families
Thursday, 17 April 2014
Transition to Child Arrangement orders
A question on everyone's lips (well that is a slight exaggeration) for the 22nd April 2014 is what happens to old residence and contact orders?
The relevant statutory instrument on the transitional provisions is: The Children and Families Act 2014 (Transitional Provisions) Order 2014 which can be found here: http://www.legislation.gov.uk/uksi/2014/1042/contents/made.
Essentially Article 6 provides that any old residence order or contact order is deemed to become a child arrangements order.
The holder of a residence order will then be the person ‘with whom the child is to live’ under the CAO, and the holder of a contact order will then be the person ‘with whom the child is to spend time/otherwise have contact’ under the CAO. The full provision can be found at Article 6 and in the rest of the instrument.
Many thanks to Julia Townend at 4PB for clarifying this.
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