Child Arrangements Orders

What is a Child Arrangements Order?

A Child Arrangements Order (CAO) is a court order that sets out:

• Who a child lives with (previously called “residence”)
• How much time a child spends with the other parent (previously called “contact”)
• When and how contact takes place

Child Arrangements Orders replaced the older concepts of “residence orders” and “contact orders” in 2014. They’re made under Section 8 of the Children Act 1989.

The fundamental principle underlying all decisions about children is the welfare principle: the child’s best interests are the court’s paramount consideration. Everything else — what either parent wants, what’s convenient, what’s fair to adults — comes second.

Do you need a court order?

Most separated parents sort out arrangements for their children without going to court. Courts encourage this. Before applying for a court order, you should:

• Try to agree directly with the other parent
• Consider using a mediator to help you reach agreement
• Consider collaborative law or solicitor-negotiated agreements

A court order is generally a last resort — when agreement genuinely cannot be reached, or where there are safeguarding concerns that require the court’s involvement.

What the court considers

When deciding what order to make, the court applies the welfare checklist from Section 1(3) of the Children Act 1989:

• The child’s wishes and feelings (given appropriate weight for their age and understanding)
• The child’s physical, emotional, and educational needs
• The likely effect on the child of any change in circumstances
• The child’s age, sex, background, and any characteristics the court considers relevant
• Any harm the child has suffered or is at risk of suffering
• The capability of each parent to meet the child’s needs
• The range of powers available to the court

The court also applies the “no order” principle — it only makes an order if making one is better for the child than making no order at all.

Types of Child Arrangements Orders

Lives with orders

A “lives with” order specifies which parent (or parents) the child lives with. It can be:

Sole residence — the child lives primarily with one parent, with agreed or ordered time with the other.

Shared residence — the child spends significant time living with both parents. This doesn’t have to be exactly 50/50 — any arrangement where the child genuinely lives at both homes can be described as shared.

Spends time with orders

A “spends time with” order sets out how much time the child spends with the parent they don’t primarily live with. This might specify:

• Regular weekly or fortnightly contact
• Overnight stays
• Holiday arrangements
• Contact on special occasions (birthdays, Christmas etc.)

Indirect contact

In some cases — particularly where there are safety concerns — the court may order indirect contact only: letters, cards, emails, or video calls rather than in-person visits.

Supervised contact

If there are concerns about a child’s safety during contact, the court can order that contact takes place in the presence of a third party — a family member, a contact centre, or a social worker.

How to apply

Step 1: Attend a MIAM

Before applying, you must usually attend a Mediation Information and Assessment Meeting with an accredited mediator. The mediator will assess whether mediation is suitable. If it’s not — for example because of domestic abuse — they’ll sign a form confirming you’re exempt.

Step 2: Complete Form C100

The application is made on Form C100, available from the GOV.UK website or from your local family court. You’ll need to provide:

• Details of the child or children
• Details of both parents
• What arrangements you’re seeking
• Whether there are any safety concerns (Section 4 of the form)

If there are allegations of domestic abuse or other harm, you’ll also need to complete Form C1A.

Step 3: File the application

File the completed form at your local family court, along with:

• The court fee (currently £232)
• Your MIAM certificate (or exemption)
• Any supporting documents

Step 4: The court serves the other parent

The court will send a copy of your application to the other parent and notify them of the first hearing date. You don’t have to do this yourself.

The court process

First Hearing Dispute Resolution Appointment (FHDRA)

The first hearing is the FHDRA. Before this, Cafcass carries out safeguarding checks on both parents and prepares a safeguarding letter for the court.

At the FHDRA, the judge will:

• Review the Cafcass safeguarding letter
• Explore whether agreement is possible
• Either record an agreement as an order, or make directions for next steps

If no agreement is reached

If you don’t agree at the FHDRA, the judge will set out what happens next. This commonly includes:

Section 7 welfare report — Cafcass (or sometimes a local authority) prepares a detailed report on the child’s circumstances and makes recommendations to the court.

Fact-finding hearing — if there are allegations of domestic abuse or other disputed facts, the court may hold a separate hearing to determine what happened before deciding on arrangements.

Dispute Resolution Appointment (DRA) — a further hearing to review progress and explore settlement once more before a final hearing.

Final hearing — if all else fails, a final hearing where the judge makes a decision after hearing evidence from both parties.

What orders can the court make?

At the conclusion of the case, the court can:

• Make a Child Arrangements Order specifying who the child lives with and how much time they spend with the other parent
• Make a Prohibited Steps Order preventing certain actions (for example, one parent taking the child abroad)
• Make a Specific Issue Order resolving a specific dispute (for example, which school the child attends)
• Make no order at all, if that is in the child’s best interests

Varying or ending a Child Arrangements Order

A Child Arrangements Order doesn’t last forever. Either parent can apply to vary it if:

• The child’s circumstances have changed significantly
• One parent wants to move (especially abroad)
• The arrangements are no longer working

Orders typically end when the child turns 16, though they can sometimes continue until 18.

Costs

Going to court is expensive. Court fees, solicitor fees, and — if ordered — the cost of expert reports can add up significantly.

If you’re on a low income, you may be eligible for legal aid for children matters where there has been domestic abuse. Check your eligibility before assuming you have to fund it yourself.