Pillar Guide · Updated July 2026

UK Child Arrangements Orders: A Practical Guide for 2026/27

When separated parents cannot agree who a child should live with or how contact should work, either can apply to the family court for a child arrangements order. This pillar guide explains the mandatory mediation step (MIAM), how to complete and submit the C100 application, what happens at each court hearing, the welfare checklist that governs every decision, how parental responsibility is affected, and what happens if an order is breached.

Last updated: 2 July 2026Last reviewed: 2 July 2026How we verify

What a Child Arrangements Order Is

A child arrangements order is a court order made under section 8 of the Children Act 1989 that sets out the practical arrangements for a child following parental separation: who the child lives with (the “lives with” provision, formerly called a residence order) and who the child spends time with or otherwise has contact with (the “spends time with” provision, formerly a contact order). Since April 2014 these were merged into a single order type, reflecting a policy shift away from language that implies one parent “wins” residence while the other is reduced to a visitor.

An order can specify detailed arrangements — which days and overnight stays, handover times and locations, arrangements for school holidays and special occasions, and how indirect contact (phone or video calls) should work — or it can be relatively broad, leaving flexibility for the parents to agree details between themselves. Courts generally prefer parents to reach their own agreement wherever safely possible, only imposing detailed terms where necessary.

A shared “lives with” order (previously called shared residence) can be made where a child spends substantial time with both parents, even if not a strict 50/50 split — the order does not need to reflect equal time to use shared wording, and the label itself can matter for practical purposes such as Child Benefit and school registration.

The MIAM Requirement

Before applying to court for most family law orders, including a child arrangements order, an applicant must normally attend a Mediation Information and Assessment Meeting (MIAM) — a short meeting with an accredited family mediator to explain how mediation works and assess whether the dispute is suitable for it. The aim is to divert cases that could be resolved without court involvement, reducing cost, delay and conflict for the family.

A range of statutory exemptions apply and mean the MIAM can be skipped, including: evidence of domestic abuse within the last two years (a defined list of acceptable evidence such as a police caution, non-molestation order, or a letter from a registered health professional); a child protection concern with social services involvement; genuine urgency (such as a risk the child will be removed from the jurisdiction); the applicant being unable to attend for disability or other reasons; or the other party's location being unknown.

If no exemption applies and the applicant has not attended a MIAM, the court can refuse to issue proceedings or direct the applicant to attend one before continuing. Family mediation is often significantly cheaper and faster than litigation and, where successful, produces a consent order that the court can approve without a contested hearing.

Applying: The C100 Form

The application is made on form C100, either through the online MyHMCTS/gov.uk family court service or by post to the local family court. Where the applicant is alleging, or responding to allegations of, domestic abuse or a risk of harm to the child, form C1A is completed alongside the C100 to set out the concerns in detail, which the court takes into account when deciding how to list and manage the case.

The current court fee for a C100 application is £232 (2026), payable when the application is submitted. Fee remission (a full or partial reduction) is available for applicants on qualifying low income or receiving certain means-tested benefits, applied for via the separate EX160 fee remission form or the equivalent online process.

Once issued, the court sends notice of the application to the respondent, and Cafcass (or Cafcass Cymru in Wales) carries out initial safeguarding checks, including contact with each parent and a check against police and local authority records, before the first hearing.

The FHDRA and Court Process

The First Hearing Dispute Resolution Appointment (FHDRA) is normally listed within a few weeks of the application being issued. A Cafcass officer typically attends to report on the safeguarding checks and to help the parties explore whether an agreement can be reached on the day, with the judge or magistrates available to approve any agreement as a consent order.

If the case does not settle at the FHDRA, the court gives directions for the next steps — which might include a full Cafcass welfare report under section 7 of the Children Act 1989, statements from each parent, and in some cases a fact-finding hearing to determine disputed allegations (particularly of domestic abuse) before welfare issues can be assessed. The case then proceeds to a Dispute Resolution Appointment and, if still unresolved, a final contested hearing where a judge makes a binding decision.

Throughout the process the court operates a “no order” principle: it will not make an order at all unless doing so is better for the child than making no order, reflecting a preference for parents reaching their own workable agreement wherever it is safe and realistic to do so.

The Welfare Checklist

The child's welfare is the court's paramount consideration in every decision about their upbringing, under section 1(1) of the Children Act 1989. Section 1(3) lists specific factors — the welfare checklist — that the court must have regard to:

The ascertainable 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 their circumstances
The child's age, sex, background and any characteristics the court considers relevant
Any harm the child has suffered or is at risk of suffering
How capable each parent, and any other relevant person, is of meeting the child's needs
The range of powers available to the court under the Children Act 1989

Older children's wishes carry increasing weight, though the court is not bound by them and always balances them against welfare and safety considerations. A child's views are usually gathered indirectly through Cafcass rather than the child giving evidence directly, to protect them from the burden of the adult dispute.

Parental Responsibility

A child arrangements order does not remove or reduce parental responsibility. Mothers automatically have parental responsibility from birth. Fathers married to the mother at the time of birth (or who later marry) automatically have it too. An unmarried father acquires parental responsibility by being named on the birth certificate (registrations from 1 December 2003 onward), by a parental responsibility agreement with the mother, or by court order.

Both parents with parental responsibility must generally be consulted on major decisions — schooling, non-emergency medical treatment, religious upbringing, and taking the child abroad for more than a short holiday. A parent named as the child's main residence in a “lives with” order cannot unilaterally exclude the other parent from these decisions unless a separate specific issue order or prohibited steps order addresses the particular dispute.

Breach and Enforcement

If a parent does not comply with the terms of a child arrangements order, the other parent can apply back to the same court for enforcement. The court's first step is usually to understand why the order was not followed — genuine welfare concerns are treated very differently from simple unwillingness to cooperate.

Where non-compliance is unjustified, the court has a graduated range of powers: it can vary the order to make it more specific or add safeguards, direct attendance at a Separated Parents Information Programme, make an enforcement order requiring unpaid work (introduced by the Children and Adoption Act 2006), or order compensation for financial loss caused by the breach (such as a wasted holiday booking). In the most serious and persistent cases, the court can treat the breach as contempt of court, which can carry a fine or, exceptionally, committal to prison.

Courts strongly prefer proportionate, welfare-focused enforcement over punitive measures, recognising that imprisoning a parent is rarely in the child's interests — the emphasis throughout is on restoring workable arrangements rather than punishing the adults.

Grandparents and Other Family Members

Parents, guardians and anyone with an existing child arrangements order in their favour can apply for a child arrangements order without needing the court's permission. Grandparents and other relatives generally need to apply for permission (leave) first, unless the child has lived with them for at least three years, they already hold a relevant order, or another automatic-standing category applies.

When deciding whether to grant leave, the court considers the nature of the proposed application, the applicant's connection with the child, and any risk that the application itself could disrupt the child's life to a degree that outweighs its purpose. Once leave is granted, the standard MIAM, C100 and welfare-checklist process applies in the same way as for a parent.

Costs and Legal Aid

Legal aid for private law children proceedings is heavily restricted. It is generally only available where the applicant can produce qualifying evidence of domestic abuse or a child protection concern (a defined evidence list, such as a police caution, protective order, or referral from social services) and where the applicant passes the means and merits tests.

Without qualifying evidence, most parents fund the process privately (solicitor fees vary widely by region and complexity), use mediation (typically far cheaper than litigation and often the fastest route to an agreed outcome), or represent themselves as litigants in person, supported by court and third-sector guidance such as the Personal Support Unit / Support Through Court service available at most family courts.

Official References

FAQs

What is a child arrangements order?

A child arrangements order is a court order made under section 8 of the Children Act 1989 that sets out who a child is to live with, spend time with, or otherwise have contact with, and when. It replaced the older "residence" and "contact" orders in 2014, combining them into a single order type that can address both living and time-spent-with arrangements in one document. It is normally used when separated parents (or other family members) cannot agree arrangements between themselves.

Do I have to try mediation before applying to court?

In almost all cases, yes. Before making most family court applications, including for a child arrangements order, you must attend a Mediation Information and Assessment Meeting (MIAM) to find out whether mediation could resolve the dispute without going to court. Exemptions exist for cases involving domestic abuse, urgency, child protection concerns, or where the other party cannot be located. If no exemption applies and a MIAM was not attended, the court can refuse to issue the application or adjourn it until a MIAM has taken place.

How do I apply for a child arrangements order?

You complete form C100 (with form C1A attached if you are alleging or responding to domestic abuse or harm allegations) and submit it to the family court, either online via the government service or by post, along with the court fee (£232 as of 2026, with fee remission available for those on low income or benefits). You must confirm you have attended a MIAM or hold a valid exemption. The court then lists a First Hearing Dispute Resolution Appointment (FHDRA).

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What happens at the First Hearing Dispute Resolution Appointment?

The FHDRA is the first court hearing, typically listed within a few weeks of the application. A Cafcass (or Cafcass Cymru in Wales) officer usually carries out brief safeguarding checks beforehand and attends the hearing to help identify the issues and explore whether an agreement can be reached on the day. Many cases settle at or shortly after the FHDRA with a consent order recording the agreed arrangements. If no agreement is reached, the court gives directions for further evidence, potentially including a full Cafcass report (a section 7 report) and lists further hearings.

What is the welfare checklist?

The welfare checklist under section 1(3) of the Children Act 1989 is the set of factors a court must consider when deciding any question about a child's upbringing. It includes: the child's ascertainable wishes and feelings (in light of their age and understanding); their physical, emotional and educational needs; the likely effect of any change in circumstances; their age, sex, background and relevant characteristics; any harm suffered or at risk of suffering; how capable each parent (and any other relevant person) is of meeting the child's needs; and the range of orders available to the court. The child's welfare is always the court's paramount consideration.

Does a child arrangements order affect parental responsibility?

A child arrangements order does not itself remove parental responsibility from either parent. Married parents both automatically have parental responsibility, as does a mother regardless of marital status; an unmarried father acquires it by being named on the birth certificate (post-December 2003), by agreement, or by court order. Where a "lives with" order is made in favour of one parent, that parent cannot use the order to exclude the other from parental responsibility decisions such as schooling, medical treatment or religious upbringing, unless a specific issue order or prohibited steps order says otherwise.

What happens if a child arrangements order is breached?

If a parent does not comply with a child arrangements order — for example, refusing to hand over the child at the agreed time — the other parent can apply back to the court to enforce it. The court can order the non-compliant parent to attend a Separated Parents Information Programme, impose unpaid work requirements (enforcement orders under the Children and Adoption Act 2006), or in serious and repeated cases, find the parent in contempt of court, which can carry a fine or, exceptionally, imprisonment. Courts strongly prefer to resolve breaches through directions and support rather than punitive enforcement, particularly where the underlying dispute concerns genuine welfare concerns rather than simple non-cooperation.

Can grandparents or other family members apply for a child arrangements order?

Grandparents and other relatives do not have an automatic right to apply and generally need the court's permission (leave) first, unless they fall into a category with automatic standing — such as having had the child living with them for at least three years, or holding a residence/child arrangements "lives with" order already. When deciding whether to grant leave, the court considers the nature of the application, the applicant's connection to the child, and any risk of disruption to the child's life. Once leave is granted, the same C100 process and welfare principles apply.

How long does the process take?

A straightforward case that settles at the FHDRA can conclude in a matter of weeks to a few months from application. Contested cases requiring a full Cafcass section 7 report, further evidence, and a final contested hearing commonly take six months to over a year, particularly in areas with high court backlogs. Cases involving allegations of domestic abuse or child protection concerns typically take longer because of the additional fact-finding hearings the court must hold before welfare issues can be decided.

Is legal aid available for a child arrangements order?

Legal aid for private family law children cases is generally only available where there is evidence of domestic abuse or a child protection concern, assessed against the statutory evidence criteria (such as a police caution, non-molestation order, or referral to social services), and subject to a means test. Without qualifying evidence or if your income and capital exceed the means-test thresholds, you must fund a solicitor privately, use mediation (often at a lower relative cost), or represent yourself as a litigant in person — a common outcome given the tight legal aid eligibility rules.

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About the author

Emma Clarke

UK Tax Writer

Emma Clarke has been writing about UK personal tax since 2018, with a particular focus on Self Assessment, PAYE coding and the practical mechanics of how HMRC actually applies the rules to ordinary salaries. Her work concentrates on translating the dense language of HMRC manuals and Finance Act schedules into worked examples that show, pound by pound, how income tax and National Insurance reduce a gross salary to the figure that lands in a UK bank account. Emma covers the full PAYE lifecycle: tax codes (1257L, BR, K codes, emergency codes), the Marriage Allowance, the High Income Child Benefit Charge, salary sacrifice arrangements and their effect on pensionable pay, the Apprenticeship Levy, and the differences between the rUK and Scottish income-tax regimes. She is particularly interested in the edge cases that catch PAYE employees out — the £100,000 personal-allowance taper, the 60% effective marginal rate it creates, and the interaction between student-loan plans and pension contributions. Every figure in Emma's articles is verified against the current HMRC rates pages and worked through a Self Assessment calculation by hand before publication. She writes to CalcHub's editorial standards: primary-source citations, plain English, no promotional language, and clear "this is general information, not financial advice" disclaimers where appropriate.

Personal-finance writer since 2018
UK tax specialism — PAYE, Self Assessment, National Insurance
Writes to CalcHub editorial standards (primary-source citation, annual review)

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Disclaimer: Family court processes and welfare decisions are highly fact-specific. This guide explains the general process in England and Wales for 2026/27 and is not a substitute for advice from a qualified family law solicitor or Cafcass about your own circumstances.