A Child Arrangements Order is the court order that decides where a child lives and how they spend time with each parent or other important people in their life. If you are separating and cannot agree these arrangements between yourselves, understanding how the process works will help you make better decisions for your children. This guide explains the law in England and Wales as it stands in 2026, the steps involved in applying, and where you can get help.
What is a Child Arrangements Order?
A Child Arrangements Order (often shortened to a CAO) is made under section 8 of the Children Act 1989. It is a legally binding order that sets out two things:
- Who a child lives with – this can be one parent, or both parents on a shared basis.
- Who a child spends time with or otherwise has contact with – for example a parent the child does not live with, grandparents, or siblings.
The term Child Arrangements Order was introduced by the Children and Families Act 2014, which came into force in April 2014. It replaced the older “residence order” and “contact order”. If you have an older order using those words, it continues to have effect but is now read as a Child Arrangements Order. Moving away from “custody” and “access” language was deliberate: the modern focus is on the practical arrangements for the child rather than on parents “winning” or “losing”.
The court’s guiding principles
When a court decides any question about a child’s upbringing, it is bound by a small number of core principles. Knowing them helps you understand how judges actually reach decisions.
The child’s welfare comes first
Under section 1 of the Children Act 1989, the child’s welfare is the court’s paramount consideration. This is not the same as balancing the wishes of each parent. The question is always what outcome is best for the child, not what is fair to the adults.
The welfare checklist
To decide what is best, the court works through the statutory welfare checklist in section 1(3). This includes:
- the wishes and feelings of the child, 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 (or other relevant person) is of meeting the child’s needs;
- the range of powers available to the court.
The presumption of parental involvement
The law contains a presumption that the involvement of each parent in a child’s life will further that child’s welfare, unless the contrary is shown. Importantly, this is a presumption about involvement, not about any particular division of time. It does not mean each parent is entitled to an equal split, and it can be displaced where involvement would put the child at risk.
The “no order” principle and no delay
The court will only make an order if doing so is better for the child than making no order at all. It also treats delay as generally harmful to a child’s welfare, so cases are managed to avoid unnecessary hold-ups.
Who can apply for a Child Arrangements Order?
Some people can apply automatically; others need the court’s permission first.
Can apply as of right include:
- a parent (including an unmarried father, whether or not he has parental responsibility);
- a guardian or special guardian;
- a step-parent or other person with parental responsibility;
- anyone the child has lived with for a qualifying period, or who has the consent of those with parental responsibility.
Grandparents and other relatives usually need to ask the court’s permission (leave) to apply. In practice permission is often granted where the person has a genuine and meaningful relationship with the child, but it is a separate first step.
Parental responsibility and how it fits in
Parental responsibility is the collection of rights, duties and responsibilities a parent has for a child. A mother has it automatically. A father has it if he is married to the mother, or (for children born after 1 December 2003 in England and Wales) if he is named on the birth certificate. It can also be acquired by agreement or court order.
A Child Arrangements Order can affect parental responsibility. For example, if the order provides that a child lives with a person who is not already a parent with parental responsibility, the court will normally also grant them parental responsibility for the duration of the order. This is why the “lives with” wording matters beyond just where the child sleeps.
Try to agree first: mediation and the MIAM
Court should be a last resort. Before you can issue most applications about children, the law expects you to have considered mediation. You will normally need to attend a Mediation Information and Assessment Meeting (MIAM) and file confirmation of this with your application, unless an exemption applies.
A MIAM is a short meeting with a trained family mediator who explains the options for resolving matters without a contested hearing, including mediation itself. Mediation is usually quicker, cheaper and far less stressful for children than litigation, and any agreement you reach can later be recorded in a consent order that the court approves.
Exemptions from the MIAM requirement include cases involving domestic abuse (where you have the relevant evidence), urgency where there is a risk to the child, and certain other limited circumstances. If domestic abuse is a feature of your case, you do not have to sit in a room with an abuser to satisfy the process.
The government has at times run family mediation voucher schemes offering a contribution towards mediation costs. Whether such a scheme is currently open, and the amount offered, changes over time – check gov.uk for the latest position before assuming funding is available.
How to apply: the court process step by step
1. The application (Form C100)
You start proceedings by completing a Form C100 and sending it to the Family Court, along with the required court fee. If your case involves allegations of harm or domestic abuse, a supplementary Form C1A is used to set those out. Court fees change periodically, and fee remission (Help with Fees) may be available if you are on a low income or certain benefits – always check the current fee and eligibility on gov.uk.
2. Cafcass safeguarding checks
Once the application is issued, it is referred to Cafcass (the Children and Family Court Advisory and Support Service), or CAFCASS Cymru in Wales. Cafcass carries out initial safeguarding checks, which typically include speaking to each parent by telephone and making enquiries of the police and local authority, before preparing a short letter to the court.
3. The first hearing (FHDRA)
The first appointment is the First Hearing Dispute Resolution Appointment (FHDRA). A Cafcass officer usually attends. The aim is to identify the real issues, explore whether agreement is possible, and give directions for how the case will proceed if it is not. Many cases settle at or soon after this stage.
4. Fact-finding hearing (if needed)
Where there are disputed allegations of domestic abuse or harm that are relevant to what should happen, the court may list a separate fact-finding hearing to decide what did or did not happen, before going on to consider arrangements. Findings made here shape everything that follows.
5. Section 7 report and further hearings
The court may order a section 7 welfare report from Cafcass or the local authority, giving an independent assessment and recommendations about the child’s welfare. There may be one or more further hearings to review progress, sometimes with a short period of interim arrangements being tried.
6. The final hearing
If no agreement is reached, the case ends in a final hearing where the judge hears evidence, applies the welfare checklist and makes a decision. The order made is binding on everyone named in it.
How long does it take, and what does it cost?
Contested children cases can take several months from application to final order, and complex cases involving fact-finding or expert evidence can take longer. Timescales depend heavily on the court’s workload and the issues in your case, so treat any estimate with caution.
Costs vary widely. The main elements are the court fee for the C100 (check gov.uk for the current figure) and, if you instruct a solicitor, legal fees that depend on how contested and complex matters become. As a general rule in children proceedings, the court does not usually order one parent to pay the other’s legal costs – each side typically bears their own costs – although there are exceptions, for example where a party has behaved unreasonably.
Legal aid for Child Arrangements Orders
Legal aid for private children disputes was significantly restricted by the LASPO reforms. It remains available in limited circumstances, most commonly where there is evidence of domestic abuse or child abuse, and is subject to means and merits tests. Because both the qualifying evidence and the financial thresholds change over time, check the current rules on gov.uk or ask a solicitor to assess your eligibility.
What arrangements can the order actually contain?
A Child Arrangements Order can be tailored to your family. It might set out:
- which days and nights the child spends with each parent, including a shared “lives with” arrangement;
- how holidays, birthdays and special occasions are divided;
- handover arrangements and locations;
- indirect contact such as video calls, phone calls or letters where face-to-face time is limited;
- whether contact should be supervised or supported, for example at a contact centre, where there are safety concerns.
Orders can be as detailed or as flexible as the circumstances require. Where parents communicate reasonably well, a lighter-touch order may work; where trust has broken down, more precise wording reduces future arguments.
Related orders: prohibited steps and specific issue orders
Two other section 8 orders often arise alongside a Child Arrangements Order:
- A Prohibited Steps Order stops a parent from taking a particular action without the court’s consent – for example removing the child from the country or changing their school.
- A Specific Issue Order settles a single specific question, such as which school the child attends, whether they receive a particular medical treatment, or arrangements for religious upbringing.
These can be applied for on their own or together with a Child Arrangements Order.
Changing or ending an order
Arrangements that suit a toddler rarely suit a teenager. If circumstances change, either parent can apply to vary an existing Child Arrangements Order. The court will again apply the welfare checklist to the new situation. Most orders naturally cease to have practical effect once the child reaches 16, and in the ordinary course they end at 18, unless the court has directed otherwise.
What happens if the order is breached?
A Child Arrangements Order is a court order, and ignoring it has consequences. If one person repeatedly fails to comply – for example by refusing to allow the child to spend time with the other parent – the other party can apply to enforce the order. Depending on the facts, the court has a range of powers, which can include:
- ordering unpaid work (a community-based enforcement order);
- ordering one party to pay financial compensation for losses caused by the breach;
- varying the arrangements;
- in the most serious and persistent cases, treating the breach as contempt of court, which can lead to a fine or imprisonment.
The court will look at why the order was not followed. A genuine, reasonable excuse is treated very differently from deliberate obstruction. Before enforcing, it is often worth trying mediation again or seeking legal advice, because the court expects parties to act reasonably.
Practical tips for parents
- Keep the focus on your child, not on the conflict with your ex-partner. Courts respond well to parents who put children first.
- Keep a clear record of arrangements, missed contact and communications – factual notes are far more persuasive than accusations.
- Be realistic and child-led about what your child needs at their age and stage.
- Stay open to agreement at every stage; a negotiated arrangement usually works better in the long run than one imposed after a fight.
- Get advice early, especially if there are safety concerns or a risk the child may be taken abroad.
Frequently asked questions
Do I have to go to court to sort out arrangements for my children?
No. Court is intended to be a last resort. Many families reach workable arrangements through discussion, solicitors’ negotiation or family mediation, and any agreement can be made legally binding through a consent order. You are generally expected to attend a MIAM to consider mediation before applying to court, unless an exemption such as domestic abuse applies.
Does a Child Arrangements Order mean the child’s time is split 50/50?
Not necessarily. The presumption in the law is that both parents being involved benefits the child, but that is not a presumption of equal time. The court decides the actual arrangement based on the child’s welfare, so the split reflects what is best for the child rather than a fixed formula.
Can grandparents apply for contact with a grandchild?
Yes, although grandparents usually need the court’s permission to apply first. Where a grandparent has a meaningful relationship with the child, permission is often granted, and the court then considers contact by reference to the child’s welfare.
At what age can a child decide who they live with?
There is no fixed age at which a child simply chooses. The court takes a child’s wishes and feelings into account in light of their age and understanding, giving them more weight as the child matures. In practice the views of an older teenager carry considerable weight, but the child’s welfare remains the deciding factor throughout.
What can I do if my ex-partner stops me seeing my child despite an order?
If there is an order in place and it is being ignored without good reason, you can apply to the court to enforce it. The court has powers ranging from varying the arrangements to ordering unpaid work, compensation, or, in serious cases, penalties for contempt. Seek legal advice quickly, and keep a record of the missed contact.
Is legal aid available for a Child Arrangements Order?
Legal aid for private children matters is limited but may be available, most commonly where there is evidence of domestic abuse or child abuse, subject to means and merits tests. Because the qualifying criteria and financial limits change, check the current position on gov.uk or ask a solicitor to assess your eligibility.
Speak to MCR Solicitors’ family law team
Decisions about your children are among the most important you will ever make, and the law in this area is detailed and fact-sensitive. The family law team at MCR Solicitors in Manchester can advise you on your options, help you try to reach agreement, and represent you if court proceedings become necessary. For clear, practical advice tailored to your situation, call MCR Solicitors today on 0161 466 1280.
This guide is general information about the law in England and Wales and is not a substitute for legal advice on your individual circumstances.
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