Child Arrangements Order UK - Complete 2026 Guide

When parents separate, deciding where children will live and how they'll spend time with each parent is often the most emotionally challenging aspect. A Child Arrangements Order provides a legal framework for these important decisions, giving both parents and children clarity and security.

At MCR Solicitors, we understand how stressful child custody disputes can be. This guide explains everything you need to know about Child Arrangements Orders in 2026, helping you understand your options and make the best decisions for your children.

What is a Child Arrangements Order?

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

• Who a child lives with (previously called a 'residence order')
• When a child spends time with each parent (previously called a 'contact order')

These orders replaced the old residence and contact orders in 2014, focusing on the child's arrangements rather than parental 'rights'.

Who Can Apply?

The following people can apply for a Child Arrangements Order:

• Parents (whether married or not)
• Guardians
• Step-parents (with leave of the court)
• Anyone the child has lived with for at least 3 years
• Anyone with parental responsibility

When Do You Need a Child Arrangements Order?

You might need a CAO if:

• You can't agree with the other parent about arrangements
• You want a legally enforceable agreement
• You're being denied contact with your child
• The other parent wants to move away with your child
• You need clarity after separation

However, if you can agree with the other parent, a written parenting plan may be sufficient - it's less formal and doesn't require court involvement.

The Application Process

Step 1: Attend a MIAM

Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM). This is a legal requirement unless exemptions apply (such as domestic abuse or urgency).

At a MIAM, a mediator will:

• Explain how mediation works
• Assess if your case is suitable for mediation
• Discuss alternatives to court

Step 2: Apply to Court

If mediation isn't suitable or doesn't resolve matters, you can apply to court using Form C100. You'll need to pay a court fee of £232 (fee exemptions available for those on low incomes).

Step 3: Cafcass Safeguarding Checks

Cafcass (Children and Family Court Advisory and Support Service) will conduct safeguarding checks. They'll contact local police and social services to check for any concerns about the child's safety.

Step 4: First Hearing

The first hearing (FHDRA - First Hearing Dispute Resolution Appointment) usually happens within 4-6 weeks of your application. A Cafcass officer often attends and may have spoken to both parents beforehand.

The judge will:

• Identify the issues in dispute
• Try to help you reach an agreement
• Make directions for next steps if needed

Step 5: Further Hearings (If Needed)

If you can't reach an agreement, the court may order:

• A Cafcass Section 7 report - An in-depth welfare investigation
• Fact-finding hearing - If there are allegations of abuse
• Final hearing - Where a judge makes the decision

What Does the Court Consider?

The court's paramount consideration is the child's welfare. Judges use the 'welfare checklist' which includes:

• The child's physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child's age, sex, background, and 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

Courts will consider what the child wants, giving their views appropriate weight based on their age and maturity. Older children's views carry more weight, but the court isn't bound by what the child says.

Types of Child Arrangements Orders

'Lives With' Order

Specifies who the child primarily lives with. The child may live with:

• One parent (sole residence)
• Both parents in a shared arrangement

Shared living arrangements don't have to be 50/50 - they could be any split that works for the child.

'Spends Time With' Order

Specifies when the child spends time with the other parent. This can include:

• Regular overnight stays
• Daytime contact
• School holiday arrangements
• Special occasions (birthdays, Christmas)
• Phone/video calls

Enforcing a Child Arrangements Order

If someone breaches a Child Arrangements Order without reasonable excuse, the court can:

• Order unpaid work (community service)
• Fine them
• Order them to pay compensation
• Impose a curfew with electronic tag
• In serious cases, commit them to prison

The court takes breaches seriously, but enforcement requires making a further application.

Changing a Child Arrangements Order

Orders can be varied if circumstances change significantly. Reasons might include:

• A parent wants to relocate
• The child's needs have changed
• The current arrangement isn't working
• Safety concerns have arisen

You'll need to apply to court again, usually attending another MIAM first.

Costs of Child Arrangements Orders

Costs vary enormously depending on how contested the case is and whether it settles early.

Frequently Asked Questions

How long does it take to get a Child Arrangements Order?

Simple cases might settle at the first hearing (6-8 weeks). Contested cases requiring a Cafcass report and final hearing typically take 6-12 months. Complex cases with allegations can take over a year.

Can I get legal aid for a child arrangements case?

Legal aid is available if you've experienced domestic abuse (and have evidence), or if you're applying for certain orders to protect your child. You must also meet financial eligibility criteria.

What if the other parent won't let me see my child?

You can apply for a Child Arrangements Order. In urgent cases, you can ask the court to make an order at the first hearing. If you already have an order being breached, you can apply for enforcement.

Can children choose which parent to live with?

The court considers children's wishes based on their age and maturity, but children don't have an absolute right to choose. The judge decides what's in the child's best interests, which may differ from what the child wants.

What is a 'lives with' order?

A 'lives with' order is part of a Child Arrangements Order that specifies who the child primarily lives with. It grants parental responsibility to anyone who doesn't already have it and allows that person to take the child abroad for up to one month.

How does Cafcass get involved?

Cafcass automatically conducts safeguarding checks when a C100 application is made. They may produce a safeguarding letter for the first hearing and, if directed by the court, a full welfare report (Section 7) investigating the child's circumstances.

Can grandparents apply for a Child Arrangements Order?

Grandparents need permission from the court before applying, unless the child has lived with them for at least 3 years. Courts are generally sympathetic to grandparent applications, recognising the importance of these relationships.

What's the difference between custody and a Child Arrangements Order?

The term 'custody' is outdated in English law. Child Arrangements Orders have replaced the old 'custody', 'residence', and 'contact' orders. The focus is now on practical arrangements for the child rather than parental rights.

How MCR Solicitors Can Help

Our experienced family law team can:

• Advise on your options before making an application
• Represent you at MIAM and explore mediation
• Prepare and file your court application
• Represent you at all court hearings
• Negotiate settlements on your behalf
• Help enforce existing orders

We prioritise your children's wellbeing while protecting your relationship with them.

Contact Us Today

Disputes about children are emotionally draining. The sooner you get proper legal advice, the sooner you can work towards a resolution.

Call MCR Solicitors: 0161 466 1280

Visit us: First Floor, 1024 Stockport Road, Manchester M19 3WX

We offer a free initial consultation to discuss your situation and explain your options.