Child Arrangement Order Costs: Court Fees, Solicitors and Mediation
A child arrangement order sets out where a child lives and who they spend time with after separation. Court fees are £245, but total costs range from nothing (agreeing between yourselves) to several thousand pounds if solicitors and a contested hearing are involved.
What a Child Arrangement Order Is
A child arrangement order is a court order made under the Children Act 1989 that sets out practical arrangements for a child following parental separation — specifically, who the child lives with ("lives with" arrangements, formerly known as "custody" or "residence") and who they spend time with and how ("spends time with" arrangements, formerly "contact" or "access").
It replaced the old separate residence and contact orders in 2014, combining both into a single, more flexible order type.
The Core Costs
| Cost Item | Typical Amount | Notes |
|---|---|---|
| MIAM (mediation assessment) | £100–£150 per person | Required before applying, unless exempt |
| Court application fee (Form C100) | £245 | Paid to HMCTS; help with fees available for low income |
| Solicitor advice (initial consultation) | Free–£250 | Many firms offer a free or fixed-fee first meeting |
| Solicitor-led application, uncontested | £500–£1,500 | If solicitor drafts and submits on your behalf |
| Solicitor-led contested case, to final hearing | £3,000–£15,000+ | Highly variable — depends on number of hearings, complexity, expert reports |
| Cafcass safeguarding checks / welfare report | Free | Publicly funded, but adds time to the process |
| Consent order (agreed arrangement made binding) | £245 court fee only, typically | No hearing usually required if both parents agree |
The MIAM Requirement
Before applying to court for most private family law matters, you're required to attend a Mediation Information and Assessment Meeting, where a trained mediator explains the mediation process and assesses whether it's suitable for your situation. This applies to the applicant, and the other parent is invited (though cannot be forced) to attend too.
Exemptions from the MIAM requirement include:
- Evidence of domestic violence or abuse (specific forms of evidence are set out in the Family Procedure Rules, such as a police caution, a non-molestation order, or a letter from a domestic abuse support service).
- Urgency (e.g. risk of harm to the child, risk of the child being removed from the jurisdiction).
- The other party has been contacted and unreasonably refuses to attend a MIAM.
- Bankruptcy or ongoing court proceedings in related matters.
If mediation is attempted and succeeds, many parents avoid court entirely, saving the £245 court fee and any further legal costs — mediated agreements can be written up and, if desired, submitted to court as a consent order for a small additional fee to make them formally binding.
Court Fee Remission (Help With Fees)
If you're on a low income, receiving certain means-tested benefits (such as Universal Credit, Income Support, or Pension Credit), or your savings and income fall below set thresholds, you can apply for "Help with Fees" to have the £245 application fee reduced or waived entirely. This is a standard HMCTS scheme applied for using form EX160, alongside your court application.
Legal Aid Availability
Legal aid for private children's proceedings (which includes child arrangement orders) is heavily restricted since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed most private family law from scope. It generally remains available only where:
- There is objective evidence of domestic abuse (a specified list of acceptable evidence types applies), or
- There are child protection concerns, or
- The case involves international child abduction.
Mediation itself has a separate, more accessible route to legal aid — if you're financially eligible, the mediation session (and sometimes the MIAM) can be free, even where the underlying dispute wouldn't qualify for legal aid in court.
The Contested Court Process (and Where Costs Add Up)
- C100 application filed — £245 fee, safeguarding letter sent to Cafcass and, if relevant, the police.
- First Hearing Dispute Resolution Appointment (FHDRA) — an early hearing aimed at resolving or narrowing the issues, often with a Cafcass officer present.
- Further directions hearings — if not resolved, the court may order further evidence, reports, or a fact-finding hearing (particularly if abuse allegations are raised).
- Final hearing — a contested hearing where a judge makes a decision, typically the most expensive stage if represented by a solicitor or barrister, given preparation time and the hearing itself.
Each additional hearing adds solicitor costs (if represented) and time. Cases resolved at or before the FHDRA stage are typically far cheaper than those that go all the way to a final contested hearing.
The Cheapest Legally Binding Route: Consent Orders
If both parents can agree arrangements — whether directly, through solicitors exchanging correspondence, or via mediation — the cheapest way to make this legally binding is a consent order. Both parents sign a written agreement, which is submitted to the court along with the £245 fee (and usually a short supporting statement). A judge reviews it on paper, without a hearing, provided the arrangement appears to be in the child's best interests, and it becomes a legally enforceable order.
This avoids nearly all of the costs associated with a contested process while still giving both parents legal certainty and enforceability if arrangements later break down.
Ways to Reduce Costs
- Try mediation seriously first — even a partial resolution reduces the scope (and cost) of any court application.
- Apply for Help with Fees if you're on a low income — it can remove the £245 fee entirely.
- Use a solicitor for advice, not full representation, if budget is tight — a fixed-fee consultation to check your application or agreement is often far cheaper than full representation throughout.
- Aim for a consent order wherever any agreement is possible, even partial — narrowing the issues in dispute reduces hearings and cost on both sides.
- Check for free support services — organisations such as Cafcass Cymru, the Family Mediation Council's fixed-fee scheme, and some local law centres offer free or low-cost initial guidance.
Frequently asked questions
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