Child arrangements orders

What is a child arrangements order?

A child arrangements order is a legally binding order made by the family court. It can specify:

“Lives with” arrangements – who the child lives with, whether that’s one parent, both parents (shared residence), or another person like a grandparent.

“Spends time with” arrangements – when and how the child spends time with the parent they don’t live with, including overnight stays, weekday visits, holidays, and phone/video contact.

These orders replaced the old “residence” and “contact” orders in 2014. The language change reflects that both parents remain important in children’s lives, regardless of living arrangements.

When you might need a court order

Court should be a last resort. You might need a child arrangements order if:

• You’ve tried to agree arrangements but can’t reach consensus
• Your ex-partner is preventing you from seeing your children
• You’re concerned about your child’s safety with the other parent
• You need to formalise arrangements for legal certainty
• Circumstances have changed and you need to vary existing arrangements

You don’t need a court order if you can agree arrangements between yourselves. Many families manage perfectly well with informal agreements or written parenting plans.

Other types of order

As well as child arrangements orders, the court can make:

Specific issue orders – to decide a particular dispute, such as which school a child should attend or whether they can have a particular medical treatment.

Prohibited steps orders – to prevent someone from doing something without court permission, such as taking a child abroad or changing their school.

Consent orders – when you agree on arrangements and want to make them legally enforceable without a contested hearing.

Before you apply

Attend a MIAM

Before applying to court, you must usually attend a Mediation Information and Assessment Meeting (MIAM). This is a session with a qualified mediator who will:

• Explain how mediation works
• Assess whether mediation is suitable for your situation
• Discuss other ways to resolve your dispute without court

You can then apply to court even if mediation isn’t suitable, but you need to show you’ve been to a MIAM.

MIAM exemptions – you don’t need to attend if:

• There’s been domestic abuse
• Child protection concerns exist
• It’s urgent (risk of harm)
• You’re already in another type of family court proceedings
• You can’t access a mediator within 15 working days

Consider whether court is really necessary

Court proceedings are:

• Expensive – even without solicitors, there are fees and time costs
• Slow – typically taking around 10 months
• Stressful – for parents and often for children too
• Adversarial – you’re asking a judge to decide, rather than agreeing yourselves
• Uncertain – you may not get the outcome you want

Many families find that mediation or continued negotiation achieves a better outcome than court.

How to apply

Step 1: Complete form C100

The C100 is the application form for a child arrangements order. You can complete it online or download a paper version from GOV.UK.

You’ll need to provide:

• Details about yourself and the children
• Information about the other parent(s)
• What orders you’re asking for
• Your reasons for applying
• Details of any previous or ongoing proceedings

Step 2: Pay the fee

The court fee is £232. If you’re on a low income or receiving certain benefits, you may be eligible for help with fees.

Step 3: Provide MIAM evidence

Include the form signed by a mediator confirming you’ve attended a MIAM, or evidence of why you’re exempt.

Step 4: Submit your application

Send your completed form to the court. They’ll issue it and send copies to the other parent(s).

What happens next

Cafcass safeguarding checks

The Children and Family Court Advisory and Support Service (Cafcass) will do initial safeguarding checks. They contact local police and social services to identify any concerns about the children’s safety.

A Cafcass officer may also speak to you and the other parent by phone to understand the situation.

First hearing (FHDRA)

The First Hearing Dispute Resolution Appointment usually happens within a few weeks of your application. At this hearing:

• A judge or magistrate will try to help you reach agreement
• The Cafcass officer’s report will be discussed
• Any urgent issues will be addressed
• Directions will be given for next steps if agreement isn’t reached

Many cases settle at or soon after this hearing without going further.

If it doesn’t settle

If you can’t agree at the first hearing, the court may:

• Order a full Cafcass report (called a section 7 report)
• List the case for a fact-finding hearing if there are disputed allegations
• Refer you to mediation or a separated parenting programme
• List a further hearing or final hearing

Final hearing

If the case goes all the way to a final hearing, both parties present evidence and the judge makes a decision. This might involve:

• You and your ex-partner giving evidence
• The Cafcass officer giving evidence
• Solicitors or barristers making submissions (if you have legal representation)

The judge will then make an order based on what they believe is in the children’s best interests.

How the court decides

When making decisions about children, the court considers the “welfare checklist” from the Children Act 1989:

• The child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child’s age, sex, background, and any relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent is of meeting the child’s needs
• The range of powers available to the court
• The child’s wishes and feelings (considering their age and understanding)

The child’s welfare is the court’s paramount consideration. This isn’t about what’s fair to parents – it’s about what’s best for children.

Enforcing an order

If someone isn’t following a child arrangements order, you can apply for enforcement. The court can:

• Require the person to do unpaid work
• Award compensation for lost contact
• Vary the order
• In extreme cases, transfer residence to the other parent

Before applying for enforcement, try to resolve issues directly or through mediation. Courts take a dim view of technical breaches and expect parents to be flexible.

Changing an order

As children grow and circumstances change, orders may need updating. If you both agree on changes, you can apply for a consent order to vary the existing order.

If you can’t agree, you’ll need to apply to court again. You’ll need to show there’s been a significant change in circumstances that makes variation appropriate.

Do you need a solicitor?

You can represent yourself in child arrangements proceedings – many people do. However, having legal help is valuable if:

• The case involves allegations of abuse
• There are complex legal issues
• You find court processes overwhelming
• The other parent has a solicitor

Legal aid may be available if there’s been domestic abuse or child protection concerns.