Child Arrangement Orders:
A Complete Guide for Parents

Has the other parent stopped you seeing your child? Or are you going round in circles about where your child should live, with every conversation ending in an argument?

You're far from alone. Family courts in England and Wales received 16% more new private law cases in the first three months of 2026 than a year earlier. Most separated parents do sort out arrangements between themselves. When that isn't possible, or an agreement keeps falling apart, the family court can step in and make a child arrangement order.

This guide explains how these orders work, who can apply, what happens at court and how judges decide. If you'd like advice on your own situation, our child arrangement order solicitors offer a free 30-minute consultation with a senior solicitor. Call 0203 983 5080 or book online.

What is a child arrangement order?

A child arrangement order is a court order made under section 8 of the Children Act 1989. It sets out who a child will live with and who they'll spend time with or otherwise have contact with. It can also say when.

It replaced residence orders and contact orders on 22 April 2014. If you have one of the older orders, it still counts and is treated as a child arrangement order. You'll also see it called a "child arrangements order", which is the wording in the Act. Both mean exactly the same thing.

Every order is written around the family in front of the court. Some are broad, such as alternate weekends and half of the school holidays. Others go into real detail, right down to handover times and who collects the children from school.

Is 50/50 the starting point?

No. There's no legal starting point for how a child's time is split. An order can say a child lives with one parent and spends time with the other, or that they live with both parents in different homes. That second option is often called shared care, and it doesn't have to mean an exact half each.

We've written in more detail about 50/50 custody for fathers and whether a mother can refuse a 50/50 arrangement. For many families the real questions are practical ones, like school runs, work patterns and overnight stays. Who has been the primary carer up to now can also carry weight.

How is it different from other children orders?

The same application form is used for three different orders, and they're easy to mix up.

If your disagreement is about a single decision, a specific issue order or prohibited steps order may be the better fit. You can apply for more than one order at the same time.

Do you need a court order at all?

Often not. The court won't make any order unless it thinks doing so is better for the child than making no order. This is known as the "no order principle".

Plenty of parents agree arrangements themselves and write them down in a co-parenting agreement or parenting plan. That isn't legally binding, but it gives everyone something to refer back to. If you've agreed and want the certainty of a court order, you can ask the court to approve your agreement as a consent order, without a contested hearing.

An order tends to help when talks have broken down, when one parent keeps changing or ignoring what was agreed, or when there are worries about a child's safety.

Child arrangements usually run alongside other decisions. If you're also going through a divorce, our guide to the divorce process explains how the stages fit together. Our guide to divorce financial settlements covers the money side, which a child arrangement order doesn't touch.

Who can apply for a child arrangement order?

Some people can apply as of right. Everyone else needs the court's permission first.

You can apply without permission if you're:

• a parent, whether or not you have parental responsibility
• a guardian or special guardian
• a step-parent who has parental responsibility
• named in an existing child arrangement order as someone the child lives with
• married to, or in a civil partnership with, a parent, where the child has been treated as a child of your family
• someone the child has lived with for at least three years, as long as that period started no more than five years ago and ended no more than three months before you apply
• a relative or foster parent the child has lived with for at least a year immediately before you apply
• someone with the consent of everyone who has parental responsibility, or of the local authority if the child is in care

Anyone else needs the court's permission. That includes most grandparents, aunts and uncles. The court looks at what you're asking for, your connection with the child and whether the application could harm the child by disrupting their life. Where a grandparent has played a real part in a child's life, permission isn't usually a high hurdle. Our grandparents' rights solicitors can advise, and our guide to grandparents' rights costs explains what to budget for.

What about unmarried fathers?

Unmarried fathers don't need parental responsibility to apply. A father without it can ask for a parental responsibility order in the same application. If the court names someone as a person the child lives with and they don't already have parental responsibility, they get it for as long as the order lasts.

Our guides to parental responsibility and what happens when an unmarried couple split up with a child go into more detail.

What do you have to do before applying?

In most cases, you must attend a Mediation Information and Assessment Meeting (MIAM) before you can apply. A trained mediator explains the options for settling things outside court and checks whether any of them would suit your situation. The other parent is usually invited too, but you can attend on your own.

You won't need a MIAM in some situations, including where:

• there's evidence of domestic abuse
• there are child protection concerns involving the local authority
• the application is urgent because of a risk to a child's safety
• you've attended a MIAM, or tried another out-of-court process, in the last four months
• you're asking the court to approve an agreement you've already reached

Since rule changes in April 2024, judges have more power to pause a case so parents can try an out-of-court route. They can also take an unreasonable refusal into account. If there's been domestic abuse, you shouldn't be pressured into joint meetings. Our domestic abuse solicitors can help you put safety first.

How do you apply?

Applications are made on form C100, either online or on paper. The case goes to the family court nearest to where the child lives.

The court fee has been £270 since 13 July 2026. If you're on a low income or certain benefits, you may be able to get some or all of it back through Help with Fees.

The C100 asks about the children, both parents, what you want the court to order and why. Keep your reasons short and focused on the child rather than on the history of the relationship.

If you have concerns about domestic abuse or any other harm to you or the children, you'll also complete form C1A. Try to get this right first time. Serious allegations raised late in a case can prompt questions about why they weren't mentioned sooner. If you don't want the other parent to know your address, form C8 keeps your contact details confidential.

In an emergency, the court can deal with an application very quickly, and sometimes without notice to the other parent, if a child is at risk. Where you need protection yourself, an emergency non-molestation order may also be needed.

What happens after you apply?

Most cases follow a set path called the Child Arrangements Programme. Here's what a typical case looks like from start to finish.

Cafcass checks and the first hearing

Before the first hearing, a Cafcass officer phones each parent to ask about the current arrangements and any worries about the children. They also run checks with the police and children's services, then send the court a short safeguarding letter.

The first hearing is called the First Hearing Dispute Resolution Appointment (FHDRA). It's usually short, often about an hour. The judge or magistrates try to narrow the issues and, where it's safe, help you reach an agreement there and then. If you do, the court can make an order on the day.

Reports, evidence and interim arrangements

If you can't agree, the court sets a timetable. That might include written statements from each parent, a fuller welfare report from Cafcass (known as a section 7 report), police disclosure or drug and alcohol testing.

The court can also make an interim order covering the child's time with each parent until the final decision. It's cautious about doing that before the safeguarding checks are complete.

Where abuse is alleged

Allegations of domestic abuse change the way a case is run. Judges follow a set of rules called Practice Direction 12J and may hold a fact-finding hearing to decide whether disputed allegations are true before making decisions about contact. In the meantime, contact may be supervised, kept to calls and letters or paused.

If you've been accused of something you didn't do, our guide on being falsely accused of domestic violence explains your options. If you need protection, read about how long a non-molestation order lasts. You can also call the free 24-hour National Domestic Abuse Helpline on 0808 2000 247.

The dispute resolution appointment and final hearing

Once the evidence is in, the court usually lists a Dispute Resolution Appointment (DRA). It's another chance to settle, and the judge may give a view on how the case looks. Most cases end at this point or earlier.

If you still can't agree, there's a final hearing. Both parents give evidence and can be cross-examined, and the Cafcass officer may give evidence too. The judge then decides and makes a final order. Children cases are heard in private.

Child Focused Courts

A different way of running these cases, called the Child Focused Model, is being rolled out across England and Wales over three years from March 2026. It grew out of a pilot known as Pathfinder. Instead of a short safeguarding letter, Cafcass or the local authority prepares a Child Impact Report early on, and children are spoken to sooner. The aim is fewer hearings and safer decisions.

It's already running across Wales and in several English areas, including West Yorkshire, Dorset and Hampshire. Eight more areas are due to follow during 2026 to 2027, but London and Greater Manchester aren't among them yet. For most families in those areas, the traditional route above still applies for now.

How does the court decide?

The child's welfare is the court's paramount consideration. Not fairness between the parents, and not who was to blame for the separation.

When a case is contested, the judge works through the welfare checklist in section 1 of the Children Act 1989:

1. the child's wishes and feelings, in light of their age and understanding
2. their physical, emotional and educational needs
3. the likely effect on them of any change in their circumstances
4. their age, sex, background and any other relevant characteristics
5. any harm they've suffered or are at risk of suffering
6. how capable each parent, and anyone else relevant, is of meeting their needs
7. the range of powers available to the court

The court also has to bear in mind that delay is usually bad for children.

The presumption of parental involvement is due to go

Since 2014, the law has told courts to presume that involvement from each parent will further a child's welfare, unless there's evidence it would put the child at risk. It never meant any set amount of time, and it never overrode the child's welfare.

The government has decided to remove it after a review found it could leave some children exposed to harm. The change is in clause 17 of the Courts and Tribunals Bill, which was still going through Parliament when we last checked in October 2026. Until the Bill becomes law, the presumption still applies. Once it goes, judges will start from a neutral position and decide each case on the welfare checklist alone.

Does what my child wants matter?

Yes, but it's one factor among several. There's no age at which a child's view automatically decides things. In practice, the views of a mature teenager carry far more weight than those of a seven-year-old. Cafcass officers often speak to children directly, in a way that doesn't put them in the position of choosing between their parents.

Do courts favour mothers?

No. Nothing in the welfare checklist favours either parent. Courts often try to keep things stable for a child, which can favour whichever parent has done most of the day-to-day care. That's about the child's routine, not the parent's gender. Our look at how many fathers get full custody covers the figures, and our guide to the reasons a parent may not get joint custody explains what can tip a case.

How long does it take and what does it cost?

Private law children cases took an average of 35 weeks from application to the end of the case in January to March 2026, according to Ministry of Justice figures. Where parents agree early, a case can finish within weeks. Cases with safeguarding concerns, expert reports or a fact-finding hearing can take a year or more.

The court fee is £270. Legal fees depend on how far the case goes. Early help, such as a solicitor's letter to the other parent or advice before the first hearing, costs far less than representation all the way to a contested final hearing. In children cases, each parent usually pays their own legal costs, and the court rarely orders one to pay the other's.

Our guide to divorce costs explains how family solicitors charge. We'll always give you a clear estimate before any work starts.

What if the other parent breaks the order?

Every child arrangement order should carry a warning notice setting out what can happen if it isn't followed. If the other parent keeps ignoring it, you can apply to the court to enforce the order. The court fee for an enforcement application is £270.

The court first asks whether there was a reasonable excuse, such as a child being ill or a cancelled train. If a breach is proved without a good reason, the court can:

• change the order, including who the child lives with
• direct a parent to attend a Separated Parents Information Programme
• make an enforcement order requiring unpaid work
• order compensation for money lost, such as the cost of a missed holiday
• in serious cases, fine a parent or send them to prison for contempt of court

The police rarely get involved unless a child is at risk. If you're the parent who's worried about handing your child over, don't simply stop contact. Get advice and, if needed, ask the court to change the order. Stopping contact on your own can count against you later.

Can an order be changed, or can you move away?

Yes, an order can be changed. It's made at one point in a child's life, and families change. If you both agree, you can adjust the arrangements informally, though a formal variation is safer if the agreement may not hold. If you can't agree, either parent can apply to vary or end the order using form C100. The court will want to know what's changed, such as a house move, new working hours or an older child's wishes. Our guide on changing child residence arrangements explains more.

Moving away needs care. If you want to move a long way within England and Wales, the other parent can object, and the court will decide based on the child's welfare. A permanent move abroad needs the consent of everyone with parental responsibility or the court's permission. See our guides to child relocation cases, moving two hours away and how far a parent can move with joint custody.

Holidays abroad are simpler for the parent the child lives with. The FAQs below explain the rules.

Child arrangement order FAQs

Get advice about your child arrangements

Disputes about children are some of the hardest things a family goes through. Osbourne Pinner's child arrangement order solicitors help parents, grandparents and other family members at every stage, from a first letter to the other parent through to a final hearing. Our divorce and family law solicitors are based in London (Piccadilly, Canary Wharf and Wimbledon), Harrow and Manchester, and we work with clients across England and Wales.

We offer a free 30-minute video consultation with a senior solicitor, Monday to Friday. We'll talk through where you stand and what your options are. Call 0203 983 5080, email [email protected] or use the form below. We do not offer Legal Aid.

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.