England & Wales · 2014
Children and Families Act 2014
Protects: Children and parents in private-law family proceedings.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
Abolished residence/contact orders and replaced them with the single Child Arrangements Order (s.12), made a MIAM compulsory before most family applications (s.10), and inserted the presumption of parental involvement (s.11) into the Children Act 1989 — but only where involvement does not put the child at risk of harm.
Key provisions
s.11 — Presumption of involvement (s.1(2A) CA 1989)
Court presumes that involvement of each parent in the child's life will further the child's welfare — UNLESS the contrary is shown. The presumption does NOT apply where there is a risk of harm to the child (PD12J).
s.12 — Child Arrangements Orders
Replaced residence and contact orders. A 'lives with' CAO confers PR; a 'spends time with' CAO does not.
s.10 — MIAM requirement
Mediation Information & Assessment Meeting required before issuing most s.8 applications. DA is a recognised exemption — see FPR PD3A.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
Single CAO. 'Lives with' confers PR; 'spends time with' does not.
Presumption of parental involvement
s.11 (inserts s.1(2A) CA 1989)Decision point: presumption rebutted where involvement risks harm — PD12J operationalises this.
MIAM requirement
s.10Decision point: mediation meeting required before s.8 application — DA is an exemption (FPR PD3A).