Child Arrangements Order Application UK - Step by Step Guide

If you and your child's other parent cannot agree who your child lives with or how much time they spend with each of you, a Child Arrangements Order lets the family court decide. This guide explains, in plain English, what a Child Arrangements Order is, who can apply, the step-by-step application process in England and Wales, what the court considers, and how long it typically takes. It reflects the law and procedure as they stand in 2026.

MCR Solicitors is a Manchester-based law firm with an experienced family law team. If you would prefer to talk your situation through with a solicitor, call us on 0161 466 1280.

What is a Child Arrangements Order?

A Child Arrangements Order is a legally binding order made by the family court under section 8 of the Children Act 1989. It settles two things:

• Who a child lives with (this used to be called a "residence order" or "custody").
• Who a child spends time with, or otherwise has contact with, and when (this used to be called a "contact order" or "access").

The terms "residence" and "contact" were replaced by the single "child arrangements" framework by the Children and Families Act 2014. You may still hear people use the old words, and "custody" and "access" remain common in everyday speech, but the correct legal term today is a Child Arrangements Order.

An order can provide for a child to live with one parent and spend time with the other, or for a child to divide their time between both parents (sometimes called a shared or joint lives-with arrangement). The court can also set out how contact happens, for example by overnight stays, day visits, video calls, phone calls or letters.

How a Child Arrangements Order differs from parental responsibility

A Child Arrangements Order is about the practical arrangements for where a child lives and who they see. It is not the same as parental responsibility, which is the legal right to make important decisions about a child (such as schooling, medical treatment and religion). If the court makes an order that a child lives with a parent who does not already have parental responsibility, that parent will usually be granted it. A separate order, such as a Specific Issue Order or Prohibited Steps Order, deals with individual decisions rather than living and contact arrangements.

Do you actually need to go to court?

Court should be a last resort, not a first step. The great majority of separating parents reach arrangements without a judge ever being involved, and the court positively expects you to try other routes first. Before you apply, consider:

• Talking directly and, if it helps, writing down a parenting plan you both agree to.
• Family mediation, where a trained, neutral mediator helps you reach a workable agreement. Mediation is usually quicker, cheaper and far less stressful than court, and it keeps decisions in your hands rather than a judge's.
• Solicitor-led negotiation or collaborative law, where each parent has a solicitor and matters are settled through correspondence or round-table meetings.

If you do reach agreement, you do not usually need a court order at all. However, if you want the agreement to be legally binding and enforceable, you can ask the court to approve it as a consent order without the need for a contested hearing.

You should not feel pressured into mediation or negotiation where there has been domestic abuse, where you fear for your child's safety, or in an emergency. In those situations you can apply to court directly, and specialist legal advice is strongly recommended.

Who can apply for a Child Arrangements Order?

Some people can apply automatically. Others need the court's permission (known as "leave") before they can apply.

People who can apply automatically

• A parent, guardian or special guardian of the child.
• Anyone who holds parental responsibility for the child.
• A step-parent who has parental responsibility.
• Anyone named as a person the child lives with under an existing order.
• A person the child has lived with for a qualifying period, or who has the consent of those with parental responsibility (for example certain relatives or a party to a marriage or civil partnership where the child was treated as a child of the family).

People who usually need permission first

Grandparents, other relatives and family friends do not have an automatic right to apply, so they normally have to ask the court for permission before making an application. In practice, courts often grant permission to close relatives such as grandparents where there is a genuine, established relationship with the child, but permission is not guaranteed and each case turns on its own facts.

The application process step by step

The following is the usual route for a private application between parents in England and Wales.

Step 1: Attend a MIAM (Mediation Information and Assessment Meeting)

Before you can apply, the law generally requires you to attend a MIAM. This is a short meeting with an authorised family mediator who explains mediation and other options and assesses whether your case might be resolved without court. Attending a MIAM does not commit you to mediation; it is an information and assessment stage.

There are exemptions from the MIAM requirement, including where there is evidence of domestic abuse, where the matter is urgent, where a child protection concern involving the child exists, or where certain other specific grounds apply. If you rely on an exemption, you will need to confirm this on your application form. A solicitor can tell you whether an exemption is likely to apply to you.

Step 2: Complete and submit form C100

Applications for a Child Arrangements Order are made on form C100. If your case involves allegations of domestic abuse or harm to the child, you also complete a supplementary form (form C1A) setting out those concerns. The C100 asks for details about you, the other party, the child or children, and the order you are asking the court to make.

There is a court fee to issue a C100 application. Court fees change from time to time, so check the current amount on gov.uk before you apply. If you are on a low income or receive certain benefits, you may qualify for help with fees (a fee remission), which can reduce or remove the fee. You apply for help with fees separately and should do so before or at the same time as issuing your application.

Step 3: The court issues the application and Cafcass carries out safeguarding checks

Once the court issues your application, it notifies the other party (the respondent) and sends the papers to Cafcass (the Children and Family Court Advisory and Support Service). In Wales this role is carried out by Cafcass Cymru. Cafcass carries out initial safeguarding checks, which usually include checks with the police and local authority and a short telephone conversation with each parent. Cafcass then provides a safeguarding letter to the court before the first hearing.

Step 4: The First Hearing Dispute Resolution Appointment (FHDRA)

The first court hearing is called the First Hearing Dispute Resolution Appointment, or FHDRA. Its purpose is to identify the issues, see whether any agreement can be reached at this early stage, and decide how the case should proceed if it cannot. A Cafcass officer is usually present. If matters can be agreed, the court may make a final order at this hearing. If not, the judge or magistrates will give directions, for example ordering statements, setting a timetable, or asking Cafcass to prepare a fuller report.

Step 5: Section 7 reports and, where needed, a fact-finding hearing

Where the court needs more information about what is best for the child, it can order a section 7 welfare report from Cafcass or the local authority. The report writer will typically speak to both parents, to the child where appropriate, and to relevant others such as schools, and then make recommendations to the court.

Where there are disputed allegations of domestic abuse or other harm that are relevant to the arrangements, the court may hold a fact-finding hearing to decide what happened before it decides the arrangements. Family courts approach allegations of domestic abuse under Practice Direction 12J, which requires the court to consider the impact of abuse on the child and on the safety of any contact.

Step 6: The Dispute Resolution Appointment (DRA)

If the case has not settled, there is often a further hearing called a Dispute Resolution Appointment. By this stage the court usually has the section 7 report and the parties' statements. The judge will explore whether agreement is now possible and, if so, may make a final order. If not, the case is listed for a final hearing.

Step 7: The final hearing

At a final hearing, the court hears evidence from both parents and, where relevant, from Cafcass and any witnesses, and then decides what order to make. The court's decision is set out in a final Child Arrangements Order that both parents must follow.

How the court decides: the welfare principle

When a court makes any decision about a child's upbringing, the child's welfare is the court's paramount consideration. This is set out in section 1 of the Children Act 1989. The court does not start from what is fair to the parents; it starts and finishes with what is best for the child.

The welfare checklist

In a contested case the court works through the welfare checklist, which includes:

• The child's wishes and feelings, considered in light of 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 relevant characteristics.
• Any harm the child has suffered or is at risk of suffering.
• How capable each parent (and any other relevant person) is of meeting the child's needs.
• The range of powers available to the court.

The presumption of parental involvement

The court also applies a presumption that the involvement of each parent in the child's life will further the child's welfare, unless the contrary is shown. Importantly, this is a presumption about involvement, not a guarantee of any particular division of time, and it does not apply where there is a risk of harm to the child.

The "no order" principle

Under the "no order" principle, the court will only make an order where doing so is better for the child than making no order at all. If parents can agree, the court will often prefer not to impose an order.

How long does a Child Arrangements Order take, and what does it cost?

Timescales vary widely depending on the complexity of the case, whether a fact-finding hearing or welfare report is needed, and how busy your local court is. Straightforward cases that settle early can conclude in a matter of months, while contested cases involving reports and multiple hearings can take considerably longer. Court waiting times change over time, so treat any timescale as a general guide only.

Costs depend on how the case is resolved. A case that settles at mediation or by consent is far cheaper than a fully contested final hearing. You will need to budget for the court fee (check the current figure on gov.uk) and, if you instruct a solicitor, for legal fees. Legal aid for private children matters is limited, but it may be available where you have evidence of domestic abuse or child abuse, or where a child is at risk. You can check your eligibility on gov.uk. At MCR Solicitors we will always be clear about likely costs from the outset.

How long does the order itself last?

A Child Arrangements Order about who a child lives with generally lasts until the child is 18. A provision about who a child spends time with generally ends when the child reaches 16, unless the court is satisfied that the circumstances are exceptional. Arrangements can also be varied later if circumstances change, by agreement or by a fresh application to the court.

What happens if the other parent breaks the order?

A Child Arrangements Order is legally binding. If a parent breaches it without a reasonable excuse, the other parent can apply to the court to enforce it. The court has a range of powers, which can include ordering the parent in breach to undertake unpaid work (an enforcement order), ordering them to pay financial compensation for losses caused by the breach, varying the arrangements, or referring parents to activities such as a separated parents information programme. Deliberate and repeated breaches are taken seriously. Before applying to enforce, it is sensible to take legal advice, because the court will want to understand the reason for the breach.

Practical tips for parents

• Keep the focus on your child. The court will, and it responds well to parents who put the child first rather than scoring points.
• Be reasonable and realistic. A workable arrangement you can both live with is usually better than a rigid order neither of you can sustain.
• Keep records. Note down arrangements, handovers, and any incidents calmly and factually.
• Never involve the child in the dispute. Do not question them about the other parent or use them to pass messages.
• Take early advice. Understanding your position at the start often saves time, money and stress later.

How MCR Solicitors can help

Disputes about children are among the most stressful situations any parent can face. Our family law team helps parents, grandparents and other relatives across Manchester and beyond to resolve child arrangements sensibly, whether that means reaching agreement through negotiation and mediation or, where necessary, applying to and representing you in the family court. We will explain your options clearly, help you prepare form C100 and any supporting documents, guide you through MIAM and the court process, and represent your interests at every hearing.

If you need advice about applying for a Child Arrangements Order, responding to an application, or enforcing or varying an existing order, call MCR Solicitors today on 0161 466 1280 for a confidential discussion, or contact us to arrange an appointment.

Frequently asked questions

How do I apply for a Child Arrangements Order?

In most cases you first attend a MIAM (unless an exemption applies), then complete and submit form C100 to the family court with the court fee (or a help with fees application). The court issues the application, notifies the other parent, and asks Cafcass to carry out safeguarding checks before the first hearing. A solicitor can prepare and manage the application for you.

How much does it cost to apply for a Child Arrangements Order?

You pay a court fee to issue a C100 application, and fees change periodically, so check the current amount on gov.uk. If you are on a low income or certain benefits you may qualify for help with fees. On top of the court fee, legal fees depend on how the case is resolved; a case settled by agreement costs far less than a contested final hearing.

Do I have to go to mediation before applying?

You usually have to attend a MIAM (a Mediation Information and Assessment Meeting) before applying, but you are not forced to go through with mediation itself. There are exemptions from the MIAM requirement, including cases involving domestic abuse, urgency, or a child protection concern.

Do mothers automatically get more time than fathers?

No. The court does not favour mothers over fathers. It decides on the basis of the child's welfare as the paramount consideration and applies a presumption that the involvement of each parent benefits the child, unless there is a risk of harm. Outcomes depend on what is best for the individual child, not on the parent's gender.

Can grandparents apply for a Child Arrangements Order?

Grandparents do not have an automatic right to apply, so they usually need to ask the court for permission first. Courts often grant permission to grandparents with a genuine, established relationship with the child, but it is not guaranteed. Taking legal advice before applying is sensible.

What happens if my ex ignores the order?

A Child Arrangements Order is legally binding. If it is breached without a reasonable excuse, you can apply to the court to enforce it. The court can order unpaid work, financial compensation, a variation of the arrangements, or other steps. Take legal advice before applying, as the court will want to understand why the breach happened.