Child Arrangements Orders Explained: What The Court Decides
A Child Arrangements Order is a written court order about a child’s care after parents separate. It focuses on practical arrangements, including living arrangements and time with each parent.
A solicitor can be helpful where there is disagreement about arrangements, communication has broken down, or there are safeguarding concerns. They can explain the court process, help prepare evidence, and clarify what options may be available. Support can also be valuable where issues like relocation, enforcement, or repeated breaches are involved.
LawStreet lists every solicitor in England & Wales for free. To find ‘Family Law’ solicitors in your area, enter your postcode below and click ‘Find a Solicitor’.
Child Arrangements Order Basics
A Child Arrangements Order is a family court order made under the Children Act 1989. It sets out the practical arrangements for a child when parents or carers do not agree.
What It Is For
A Child Arrangements Order can deal with:
- who a child lives with
- who a child spends time with, or otherwise has contact with
It can be used whether the parents were married, in a civil partnership, living together, or never lived together. The focus is the child’s day to day arrangements, not the relationship between the adults.
Parental Responsibility
In some situations, a “lives with” arrangement in the order can mean a person has parental responsibility while the order remains in force. This can matter where a person has been caring for a child but does not already have parental responsibility.
A Child Arrangements Order is about living arrangements and contact. It is separate from child maintenance and from financial decisions about property or savings.
What The Order Covers
- living arrangements
- time with each parent or carer
- holiday arrangements
- handovers and travel
- calls and messages
- indirect contact like letters
A Child Arrangements Order can cover two main things.
Living Arrangements
It can say who a child lives with. This can reflect one main home, or shared living arrangements across more than one home.
Time And Contact
It can also set out who a child spends time with, or otherwise has contact with. Contact can be direct, such as time in person, or indirect, such as phone or video calls, messages, cards, or letters.
Practical Details
Orders often include practical details to reduce misunderstandings, such as:
- where handovers happen
- how travel is handled
- arrangements for school holidays, birthdays, and special days
- how information is shared about school, health, or activities
A Child Arrangements Order is focused on day to day arrangements. If the dispute is about a specific decision, or about stopping a particular action, the court may consider different types of children orders instead.
When The Court Is Involved
A Child Arrangements Order is usually considered when there is a continuing disagreement about a child’s living arrangements or contact, and the adults involved cannot settle it between themselves.
Common Situations
The court route often comes up where:
- a child is not seeing one parent or carer, and attempts to agree contact have broken down
- there is a dispute about where a child should live, or how time should be shared between homes
- there are repeated arguments about handovers, communication, or routines
- a proposed change would significantly affect the child, such as a move to a different area or a change of school
Agreement Versus A Court Decision
Sometimes an order is made to record an agreement, especially where people want clarity and a stable arrangement. In other cases, the court is asked to decide because there is no agreement on what the arrangements should be.
Urgency And Safety Concerns
If there are concerns about a child’s safety or welfare, the court process may involve extra safeguarding checks and may consider interim arrangements while the case continues.
Child Arrangements Orders are usually part of private family law cases, meaning the dispute is between individuals. If a local authority is involved because of child protection concerns, a different court process may apply.
Who Can Apply
In England and Wales, Child Arrangements Orders are made under the Children Act 1989. Some people can apply as of right, and others can apply only if the court gives permission first.
People Who Can Usually Apply Without Permission
This commonly includes:
- a child’s parent
- a guardian or special guardian
- a person with parental responsibility
- a person already named in an order as someone the child lives with
Other People Who May Be Able To Apply
In some situations, other adults involved in a child’s life may be able to apply, such as certain relatives or carers. Whether permission is needed often depends on the person’s relationship to the child and whether the child has been living with them.
When Permission May Be Needed
If a person is not in a group that can apply automatically, the court may still allow an application. The court usually looks at whether the application is linked to the child’s welfare, and whether it is realistic and appropriate for the court to consider.
Not everyone can apply straight away. Some applicants need the court’s permission first, and the court can refuse permission where it does not appear suitable to make the application.
What The Court Considers
- child’s wishes and feelings
- physical emotional and educational needs
- impact of major changes
- age background and characteristics
- risk of harm
- each adult’s ability to meet needs
When the court makes decisions about child arrangements, the child’s welfare is the most important consideration. This is sometimes described as the welfare principle.
The Welfare Checklist
The Children Act 1989 sets out factors the court must consider, often called the welfare checklist. It is not a points system. The court weighs the factors based on the child’s circumstances.
The Child’s Wishes And Feelings
A child’s wishes and feelings may be considered in a way that reflects their age and understanding.
Risk Of Harm And Safety
The court considers any risk of harm to the child. Where safeguarding concerns are raised, the court may focus closely on safety and what arrangements can work in practice.
The No Order Approach
The court also considers whether making an order is better for the child than making no order. In many families, workable arrangements can be agreed and managed without a court order.
Courts can consider a wide range of information when applying these principles. This may include what each adult says, safeguarding information, and any reports the court has requested.
The law includes a presumption that involvement of each parent in a child’s life will further the child’s welfare, unless the contrary is shown. This does not mean equal time, and it does not override safety concerns.
This guide reflects the position in January 2026. The Government has said it intends to repeal this presumption when parliamentary time allows, so this part may change in future.
Mediation And MIAMs
Courts generally expect people to consider whether a dispute about child arrangements can be resolved without a final court decision. This can include direct discussions, solicitor led negotiation, mediation, or other non court dispute resolution.
What Is A MIAM
MIAM stands for Mediation Information and Assessment Meeting. It is a meeting with an authorised family mediator that explains what mediation is, what other options may exist, and whether mediation is likely to be suitable.
The mediator usually screens for issues that can affect suitability, including safety concerns. If mediation goes ahead, it is common for there to be a series of sessions focused on reaching an agreement. If mediation does not go ahead, the mediator can provide confirmation that is used when making a court application.
When A MIAM Is Required
A MIAM is usually required before applying to the family court about child arrangements. There are recognised exemptions, including situations involving evidence of domestic abuse, child protection concerns, or urgency. Some exemptions require evidence, and the court may check whether an exemption was validly claimed.
If Court Proceedings Have Started
Even after an application is made, the court can still consider whether non court options are appropriate at that stage. This depends on the circumstances and any safeguarding issues.
Some MIAM exemptions require supporting evidence and are checked by the court. If an exemption is not accepted, the court can direct attendance at a MIAM.
Applying To Court
Step 1: Consider MIAM And Any Exemptions
At the start of most child arrangements applications, the rules expect people to attend a MIAM, which is short for Mediation Information and Assessment Meeting. This is a meeting with an authorised family mediator that explains mediation and other non court options, and checks whether mediation is likely to be suitable.
A MIAM is not the same thing as mediation. It is a first step that helps establish whether there is a realistic and safe route to resolve the dispute without the court deciding the outcome.
What Usually Happens At This Stage
A person normally contacts a family mediator and arranges a MIAM. Practice guidance says a MIAM is meant to take place within 15 business days of contacting a mediator, although availability can vary.
During the MIAM, the mediator usually:
- explains what mediation is and how it works
- discusses other non court ways of resolving the dispute
- checks whether there are safety concerns or power imbalance issues that affect suitability
- confirms whether mediation is likely to be suitable
If mediation does not go ahead, the mediator can complete the relevant section of the court application to confirm MIAM attendance, or to record that mediation was not suitable.
When A MIAM May Not Be Required
There are recognised MIAM exemptions. These can include situations involving domestic abuse, child protection concerns, or genuine urgency. The exemption categories are set out in the Family Procedure Rules and Practice Direction 3A, and some exemptions depend on having specified forms of evidence.
How This Leads Into The Next Step
Once the MIAM has taken place, or an exemption is being relied on, the application can usually move on to preparing the court paperwork and the information the court asks for.
A MIAM exemption can be checked by the court. If an exemption is not accepted, the court can pause progress and direct MIAM attendance before the application moves forward.
Step 2: Prepare The Application
This stage is about preparing the information the family court uses to understand what is being asked for, and why. Applications for a Child Arrangements Order are usually made using a form called C100, which is also used for some other children orders under the Children Act 1989.
The form is designed to help the court identify the key issues early, including whether there are any safety concerns and whether there are reasons the case needs to move quickly.
Information The Court Usually Asks For
The application commonly covers:
- the child’s details and the adults involved
- the arrangements being asked for, in practical terms
- the main areas of disagreement
- whether there are any related court cases
- whether a MIAM has taken place, or whether an exemption is being relied on
Safety And Risk Information
The form includes questions about risk and safeguarding. Where there are concerns about harm, or risk of harm, it is common for additional information to be filed using a separate form called C1A. This helps the court decide what safeguarding steps may be needed at the start of the case.
How This Links To The Next Stage
Once the paperwork is prepared, the application can usually be filed with the court. The court then decides whether it can issue the application and arrange the next steps in the process.
The C100 form includes sections on confidentiality and safety. Where sensitive information is involved, the court can consider how details are shared between the parties and what safeguarding steps are needed early on.
Step 3: File The Application And Pay The Fee
Once the paperwork is ready, the application is normally submitted either online or by post.
Submitting The Application
GOV.UK provides an online application service for child arrangements applications. The online service usually allows progress to be saved and returned to later, with a time limit for completing the application once it has been started.
Applications can also be made by post using the paper C100 form. The court guidance linked from GOV.UK sets out how many copies are usually needed for a paper application.
Paying The Court Fee
A court fee is usually payable when the application is made. The amount is set by court fee rules and published by HMCTS, and it can change. Some people can get help with court fees depending on their income and circumstances.
What Happens Next
Once the application has been received, the court decides whether it can be issued. If it is issued, the court process usually moves on to early safeguarding checks and the first court hearing stage.
Step 4: Safeguarding Checks And The First Hearing
After the court issues an application, it usually sets a date for the first hearing. In private law children cases this first hearing is often referred to as a First Hearing Dispute Resolution Appointment.
Safeguarding Checks
Before the first hearing, Cafcass, the Children and Family Court Advisory and Support Service, usually carries out safeguarding checks. This commonly includes checks with the police and the local authority, and a short call with each adult to understand the main issues and any safety concerns.
Cafcass normally provides the court with a short report called a safeguarding letter, which summarises the safeguarding checks and highlights any welfare issues raised. This is often provided shortly before the first hearing.
What The First Hearing Is For
The first hearing is often used to:
- identify the main issues that are in dispute
- consider whether there are immediate safety concerns
- look at whether agreement is possible at that stage
- decide what further steps are needed if the case continues, such as statements, a timetable, or a report
In some cases, the court can record an agreement at an early stage. In others, the court sets directions so more information can be gathered before any final decision is made.
Cafcass describes the safeguarding letter as confidential. In some situations, it may not be shared in full if doing so could create a risk to someone involved.
Step 5: Further Steps If There Is No Agreement
If the case does not settle at the first hearing, the court usually sets out what needs to happen next. This is often called giving directions. The aim is to make sure the court has the information it needs to make safe and workable decisions.
What The Court Often Does Next
The court may:
- set dates for further hearings
- ask each adult to file a written statement about the disputed issues
- make interim arrangements while the case continues, where needed
- decide whether any allegations need to be determined at a fact finding hearing
- request a welfare report under section 7 of the Children Act 1989, often from Cafcass or the local authority
Reports And Assessments
If the court orders a section 7 report, a Family Court Adviser usually carries out a more detailed assessment. This can include speaking to the adults involved, and depending on the child’s age and circumstances, meeting the child to understand their wishes and feelings. The report then advises the court on what arrangements are likely to best meet the child’s welfare needs.
How The Case Moves Forward
As the case progresses, the court may hold a dispute resolution hearing to see whether agreement has become possible. If not, the court usually lists a final hearing where a judge makes a decision.
Where safeguarding concerns or disputed allegations are raised, the case can take longer because the court may need additional hearings or a section 7 report before any final order is made.
Step 6: Outcome And The Order
A child arrangements case can end in a few different ways. Sometimes the adults reach an agreement during the court process and the court makes an order that records what has been agreed. In other cases, the court makes the decision after hearing evidence.
An Order By Agreement
If agreement is reached, the court can make a Child Arrangements Order in those terms. Even where the wording is agreed, the court still considers whether the arrangements appear to meet the child’s welfare needs.
A Court Decision
If there is no agreement, the court can decide what arrangements to order. The decision is made by applying the welfare principles under the Children Act 1989, and the court considers whether making an order is better for the child than making no order.
What The Order Might Say
A Child Arrangements Order can set out:
- who the child lives with
- who the child spends time with, or otherwise has contact with
- practical details that support those arrangements, such as handovers and holiday patterns
In some situations, naming a person in the “lives with” part of the order can mean that person has parental responsibility while the order remains in force.
What Happens After The Order
Once made, the order is a court order and is expected to be followed unless it is later varied by the court. If difficulties continue, the court process may move into changes or enforcement, which is covered later in this guide.
This section describes the typical court pathway. In practice, the court can adjust the approach based on safeguarding concerns, whether there are related proceedings, and whether an agreement becomes possible during the case.
The online application service usually allows an application to be saved and returned to later, with a time limit for completing it once started. Court fees can change, so the current fee and any help with fees is worth checking close to publication.
Cafcass And Safeguarding
Cafcass is the Children and Family Court Advisory and Support Service. In private family law cases, Cafcass works with families only when the family court asks it to. Its role is to help the court focus on the child’s welfare, including by carrying out early safeguarding work and, in some cases, preparing reports.
Early Safeguarding Work
After an application is issued, Cafcass usually carries out safeguarding checks. This often involves checks with the police and with local authorities, alongside a short interview with each adult to understand the concerns being raised and the child’s current arrangements.
The Safeguarding Letter
Cafcass normally provides the court with a short written summary, often called a safeguarding letter. It typically covers the current arrangements for the child, the results of the safeguarding checks, and key issues raised during the early interviews. Cafcass says this is usually provided shortly before the first court hearing.
Section 7 Reports And Wider Work
If the case continues beyond the first hearing, the court may ask for a more detailed welfare report under section 7 of the Children Act 1989. Where this happens, Cafcass or a local authority may be asked to assess the situation in more depth and report back to the court.
A section 7 report may cover topics such as the child’s needs, any welfare or safety concerns, and what arrangements may be workable in practice. Depending on the child’s age and circumstances, it may also include work to understand the child’s wishes and feelings.
How Cafcass Input Is Used
Cafcass provides information and recommendations to the court, but the final decision remains with the judge. The weight given to Cafcass information can vary depending on what issues are in dispute and what other evidence is available.
Family court cases involving children are subject to reporting restrictions. Sharing information publicly that identifies a child involved in proceedings, or their address or school, can be a criminal offence while the case is ongoing.
Hearings And Outcomes
In private law child arrangements cases, the court usually lists one or more hearings to understand what is in dispute, check for any safeguarding issues, and see whether agreement is possible. The court can also make temporary arrangements while the case is ongoing, if needed.
The First Hearing
The first hearing is often called a First Hearing Dispute Resolution Appointment. The court usually considers the safeguarding information available at that stage and identifies what the next steps need to be. Some cases settle at, or shortly after, the first hearing.
If The Case Continues
If there is still no agreement, the court may list further hearings to narrow the issues and decide what evidence or reports are needed. Where there are disputed allegations that affect safety or welfare, the court may list a fact finding hearing before it decides final arrangements.
Possible Outcomes
Depending on what happens during the process, the case may end with:
- an order recording an agreement
- an order made by the court after a final hearing
- interim arrangements made to cover the period while the case continues
- a decision that no order is needed, if the court considers the arrangements can work without one
Who May Be Involved
A judge or magistrates will decide the case. Cafcass may be involved to provide safeguarding information or a report if the case goes beyond the first hearing. If solicitors or barristers are involved, they may speak on behalf of the adults in court.
- keep proposals practical and child focused
- be clear about what is agreed and what is disputed
- note any safeguarding concerns clearly and consistently
- keep a simple timeline of key events and changes
- use a child to pass messages between adults
- treat court as a way to punish the other person
- ignore directions and deadlines set by the court
- share identifying details about the child publicly during the case
If a person does not attend a hearing, the court may still go ahead and make directions, or in some situations make an order, based on the information available.
Changes And Enforcement
Child arrangements can stop working over time. As children get older, routines change, schooling changes, and family circumstances can shift. When that happens, the issue is often whether the existing order needs changing, whether it needs enforcing, or both.
Changing An Order
If both adults agree a different arrangement, it is possible to follow that agreement in practice. However, a change that is not reflected in a court order is harder to rely on later if the agreement breaks down.
Where a change needs to be made legally binding, the court can approve a new consent order. If there is no agreement, an application can be made asking the court to vary the existing order. The process is similar to making a new application, including the usual MIAM rules unless an exemption applies.
Enforcing An Order
If one person says the order is not being followed, it is possible to apply to the court to enforce it. The court looks at what the order requires, what has happened in practice, and whether there is a reasonable explanation for any failure to comply.
In enforcement situations, the court’s focus remains on the child’s welfare. In some cases the court may conclude the best way forward is to adjust the order so it is clearer or more workable, rather than imposing a sanction.
What The Court Can Do
Depending on the facts, the court may:
- help the case move back towards agreement, including referral to work that supports communication and planning
- vary the existing order
- make an enforcement order that can include an unpaid work requirement
- order compensation for certain financial loss linked to the breach
- in more serious cases, consider contempt of court routes, which can include fines and, rarely, imprisonment
Enforcement is usually applied for using Form C79. If the order was made before 8 December 2008, it may need a warning notice attached using Form C78 before the court can make certain enforcement decisions.
Costs And Support
Costs can vary a lot in child arrangements cases. Some people only pay a court fee. Others also pay for mediation, legal advice, and representation at hearings.
Court Fees
A court fee is usually payable for a Children Act application such as a Child Arrangements Order. Additional fees can apply for some enforcement related applications. Court fees can change over time.
Mediation And MIAM Costs
A MIAM is usually charged separately from mediation sessions. Mediation is typically charged per person, per hour, and the total cost often depends on how many sessions are needed and whether documents are drafted.
Some families with children may be eligible for a mediation voucher, which can contribute towards mediation sessions. Eligibility and availability can change over time, and the voucher does not cover every cost.
Legal Fees
Legal fees are highly variable. Some people pay for a fixed fee advice appointment. Others pay for ongoing work such as completing forms, preparing statements, negotiating proposals, and representation at hearings. Costs often depend on:
- how many issues are disputed
- whether there are safeguarding concerns or disputed allegations
- whether reports are ordered
- how many hearings take place
- whether a barrister is used for hearings
Support With Costs
Some people can get help with court fees depending on income and circumstances. Legal aid can be available in some family situations, particularly where there is evidence of domestic abuse or child protection concerns, but it is not available for every type of dispute.
| Cost item | Cost | Description |
|---|---|---|
| Children Act application fee | £263.00 | Court fee for common Children Act 1989 applications, such as child arrangements orders |
| Fee for breach of an enforcement order | £116.00 | Court fee to apply following a breach of an existing enforcement order in a family case. |
| Family mediation hourly rate | £130.00–£170.00 | Typical private cost per person per hour for mediation sessions and drafting documents, before any voucher or legal aid support. |
| Solicitor fixed fee advice appointment | £120.00–£350.00 | Typical fixed fee for an initial consultation that explains options and likely next steps, sometimes with written follow up. |
| Solicitor fixed fee for a straightforward case | £750.00–£2,000.00 | Example fixed fee range some firms publish for a straightforward child arrangements court application, often up to a defined stage. |
FAQs
A Child Arrangements Order replaced older terms like custody and contact. It is a court order under the Children Act 1989 that sets out living arrangements and contact.
Not necessarily. The court’s focus is the child’s welfare and what arrangements are workable in practice. Involvement of both parents can take many forms and does not automatically mean equal time.
Yes. Sometimes people reach an agreement during the court process and ask the court to make an order in those terms. The court still considers whether the arrangements appear to meet the child’s welfare needs.
Often, yes. Some people can apply without permission, such as parents and people with parental responsibility. Many relatives and other carers may need the court’s permission first, depending on their connection to the child and the child’s living arrangements.
It depends on the child’s age and the type of work Cafcass is asked to do. Early safeguarding work often focuses on checks and speaking to the adults. If the court orders a fuller welfare report, it may include work to understand the child’s wishes and feelings in a way that fits their age and understanding.
It is a short written summary Cafcass usually provides to the court before the first hearing. It commonly covers the results of checks and the key issues raised in early conversations.
It depends on what the order says and the child’s age. Many orders are made to apply until the child is 16, but some can last until 18 in limited situations. Orders can also be changed earlier if circumstances change.
If one person says the order is not being followed, the court can be asked to look at what has happened and decide what to do next. The court’s focus remains the child’s welfare, and outcomes can include clarifying the order, changing it, or taking enforcement steps.
Yes. Arrangements often need to change as children get older and circumstances shift. Changes can be agreed informally, but where a legally binding change is needed, the court can be asked to vary the order.
Not always. Some people handle the process without a solicitor, particularly where the issues are narrow and there are no safeguarding concerns. Legal support is often useful where there are complex disputes, safeguarding issues, or multiple hearings.