Key Takeaways
- A child arrangements order is a court order that sets out where a child will live, who they can spend time with and for how long.
- Most applicants will be required to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court.
- The application is made using Form C100, and the court fee is £263.
- Contested cases can take between 6 and 12 months, though where parents agree, resolution can come much faster.
When parents separate, agreeing on arrangements for the children is often the hardest part. In many cases, parents manage to sort things out between themselves, sometimes with the help of a mediator. But when that is not possible, the family court can step in and make a child arrangements order.
This article explains what a child arrangements order is, who can apply, how the process works and what to expect at court. Our family law solicitors at Osbourne Pinner offer a free 30-minute consultation and can advise on your specific situation.
What Is a Child Arrangements Order?
A child arrangements order (CAO) is a legal order made by the family court. It sets out where a child will live, who the child can spend time with and the terms of that contact. It replaced what were previously known as residence orders and contact orders.
A CAO can specify that a child lives primarily with one parent and spends regular time with the other. Alternatively, it can set out shared living arrangements. It can also include contact with grandparents or other family members. The order lasts until the child turns 18.
Who Can Apply for a Child Arrangements Order?
Anyone with parental responsibility, which typically means both parents, can apply without needing the court’s permission first. Others, including grandparents, aunts, uncles and step-parents, can also apply but usually need to seek the court’s permission before doing so, unless the child has lived with them for at least a year.
The court’s primary consideration when deciding any application is the welfare of the child. It applies what is known as the welfare checklist, which includes the child’s wishes (depending on their age and understanding), their physical and emotional needs, the likely effect of any change and any harm they may have experienced or be at risk of.
Do You Have to Go to Mediation First?
In most cases, yes. Before making a court application, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM). This is a meeting with a trained mediator who explains how mediation works and assesses whether it could help resolve the dispute without going to court.
There are exemptions. If there has been domestic abuse, if the matter is urgent, or if the other party refuses to attend, you may be able to proceed without completing a MIAM. A solicitor can advise on whether any exemption applies to your situation.
See also: What Happens If a Child Arrangement Order Is Breached?
How to Apply for a Child Arrangements Order
Applications are made using Form C100, which sets out details of the children, the parties and the orders you are seeking. The court fee is £263. The form is submitted to your local family court.
Once submitted, the court will set a first hearing date, known as a First Hearing Dispute Resolution Appointment (FHDRA). The purpose of this first hearing is to understand the key issues and explore whether agreement is possible, sometimes with the help of a CAFCASS (Children and Family Court Advisory and Support Service) officer.
How Long Does a Child Arrangements Order Take?
Where both parents agree on arrangements, cases can sometimes be resolved at the first hearing. Where the matter is contested, proceedings can take between 6 and 12 months, and sometimes longer in complex cases.
Factors that extend the timeline include safeguarding concerns that require CAFCASS investigation, the need for expert reports (such as a psychological assessment), or where one parent raises allegations that the court needs to determine. Delays in court listings can also add time beyond what the parties themselves cause.
What Happens at the Hearings?
After the FHDRA, the court may list further hearings depending on what issues remain. A Dispute Resolution Appointment gives both parties another chance to reach agreement before a final hearing. If the case goes to a final hearing, each party gives evidence and the judge makes a decision.
The judge always makes the decision based on what is in the best interests of the child, not what is most convenient for either parent. CAFCASS will typically prepare a report making recommendations, and the judge will take that into account, though it is not binding.
Related: What to Discuss with Child Custody Lawyers
Can a Child Arrangements Order Be Changed?
Yes. Either parent can apply to the court to vary or discharge the order if circumstances change significantly. Common reasons include a parent relocating, a child’s wishes changing as they get older or concerns arising about one parent’s ability to provide care. The court applies the same welfare checklist when considering any variation.
Speak to a Family Law Solicitor about Child Arrangements
Disputes about where children live and who they spend time with are some of the most difficult any family goes through. The court process can be lengthy and emotionally draining, particularly where there are safeguarding concerns or where one parent is being obstructive. Having the right legal support from the start can make the process less stressful and improve the outcome for you and your children.
At Osbourne Pinner, our child arrangement order lawyers have extensive experience representing parents and other applicants in children proceedings. We can advise on whether mediation is suitable, help you prepare your application and represent you at all court hearings.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
