This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to apply for a Child Arrangements Order in England and Wales. Step-by-step guide covering the legal process, forms, court hearings, and your rights as a parent.
When parents separate or divorce, one of the most important issues they must resolve is where and with whom their child will live. In some cases, parents may struggle to agree on these arrangements, leading to the need for legal intervention. In England and Wales, a Child Arrangements Order (CAO) is a formal court order that sets out where a child will live and the arrangements for their contact with the other parent.
This guide will walk you through the process of applying for a Child Arrangements Order, explaining the key steps, requirements, and legal principles involved. Whether you are a parent, solicitor, or someone with no prior legal knowledge, this article provides a clear, step-by-step explanation of how to navigate the process.
Introduction to Child Arrangements Orders
A Child Arrangements Order is a court order that specifies where a child will live and the contact arrangements they will have with each parent or other significant individuals, such as grandparents. These orders are typically used when parents cannot agree on arrangements for the child or if there is a dispute that requires court intervention. The main goal of a CAO is to ensure the child's best interests are protected, in line with the Children Act 1989, which governs child welfare decisions in the UK.
A Child Arrangements Order can cover various issues, including:
- Where the child will live (residence).
- The time the child will spend with the other parent or other people (contact).
- Who will make major decisions about the child's welfare, such as decisions about education, health, and religion (parental responsibility).
When Should You Apply for a Child Arrangements Order?
You might need to apply for a Child Arrangements Order if:
- You and your ex-partner cannot agree on where the child should live or how much time they should spend with each parent.
- You have concerns that the other parent is not complying with existing informal arrangements or previous court orders.
- There are safety concerns that need to be addressed by the court, such as allegations of abuse or neglect.
- You are a non-parent (e.g., a grandparent or other relative) and want to secure the right to have a say in the child's care and contact arrangements.
It's important to note that before applying to the court, you must usually attempt mediation unless there are concerns of domestic abuse or violence. Mediation helps parents reach agreements amicably, reducing the need for formal court intervention.
The Legal Process for Applying for a Child Arrangements Order
Step 1: Mediation Information and Assessment Meeting (MIAM)
Before applying for a Child Arrangements Order, parents are legally required to attend a Mediation Information and Assessment Meeting (MIAM). Mediation is a way of resolving disputes without going to court. The purpose of the MIAM is to inform parents about the mediation process and assess whether it is suitable for their situation.
During this meeting, a mediator will help you explore options for resolving your dispute. In cases involving domestic violence or abuse, mediation may not be required, and you can proceed directly to court. If mediation is unsuccessful or unsuitable, the mediator will provide you with a MIAM certificate, which you will need to submit with your court application.
Step 2: Filling Out the Application Form
Once you have attended the MIAM and received the MIAM certificate, you can apply to the Family Court for a Child Arrangements Order. To do so, you need to complete the C100 application form, which is available online or from the Family Court.
The C100 form asks for essential information about the child, the parents, and the dispute. It will also require you to detail what you want the court to order (e.g., where the child should live or the contact arrangements). You must provide any relevant background information, including any existing orders, details of previous mediation attempts, and reasons why you are seeking a Child Arrangements Order.
In addition to the C100 form, you may need to submit other documents, such as:
- MIAM certificate (if mediation was attempted).
- Any evidence of harm or safety concerns, such as police reports or medical records (if applicable).
- Other documents that could help the court understand the situation and make an informed decision.
Step 3: Paying the Court Fee
To submit your application, you will need to pay a court fee. As of 2023, the standard fee for applying for a Child Arrangements Order is £232. However, you may be eligible for a fee waiver or reduction if you are on a low income or receive benefits. You can check if you qualify for a fee waiver on the government's official website or at your local Family Court.
If the fee is a financial burden, you can apply for a remission of fees, which may allow you to reduce or waive the cost.
Step 4: The Court Hearing
Once the application is filed, the court will issue a Notice of Hearing, which sets a date for the first hearing. During this hearing, the court will try to resolve the issues amicably by encouraging the parents to come to an agreement, often through further mediation.
The first hearing is usually a First Hearing Dispute Resolution Appointment (FHDRA). At this stage, the court will assess whether further hearings are necessary and may provide directions for how the case should proceed.
If the case is more complicated, further hearings may be scheduled, where both parents can present evidence. The judge will listen to both sides and may request reports from social workers, guardians ad litem, or other relevant experts who can assist the court in making its decision.
If the case cannot be resolved through discussions, the court will schedule a final hearing to make a formal decision about the child's arrangements.
Step 5: The Court Decision
After hearing all the evidence, the court will issue a Child Arrangements Order. This order will specify:
- Where the child will live (residence).
- How much time the child will spend with the non-residential parent or others (contact).
- Who has parental responsibility and other specific matters such as decisions about education and health.
If either parent is dissatisfied with the decision, they can appeal the court's ruling. However, this is usually only allowed if there are grounds for believing that the judge made an error in law or fact.
Risks and Considerations
- Length of the Process: The application for a Child Arrangements Order can take several months, depending on the complexity of the case. Court delays are not uncommon, especially in high-conflict cases.
- Cost: Court fees and legal representation can add up. While legal aid may be available in certain cases, many parents will need to bear the costs of their application.
- Emotional Impact: Court proceedings can be stressful and emotionally draining, particularly when disputes are prolonged. Parents and children may find the process difficult, especially if there is significant conflict or if the child is caught in the middle.
- Enforcement of Orders: If one parent does not comply with the Child Arrangements Order, the other parent may need to return to court for enforcement. In extreme cases, non-compliance can result in penalties or a change in the order.
Common Questions from our Readers
How long does it take to get a Child Arrangements Order?
The length of time varies depending on the complexity of the case. On average, it can take several months for a final decision to be made, especially if the case requires a full hearing.
Can the child decide who they want to live with?
Children’s wishes are considered, especially if they are older and mature enough to express a clear preference. However, the final decision will always be based on the child's best interests, not just their preference.
Can grandparents apply for a Child Arrangements Order?
Yes, grandparents or other significant family members can apply for a Child Arrangements Order if they have a strong relationship with the child and are concerned about their well-being.
Final Thoughts
Applying for a Child Arrangements Order is an essential legal process when parents cannot agree on arrangements for their child’s care and welfare. The process involves mediation, completing the C100 form, paying a court fee, attending hearings, and ultimately obtaining a court order that outlines where the child will live and how contact with the other parent will be arranged.
It is essential to ensure that the child's best interests are prioritised and that both parents cooperate for the sake of the child’s welfare. If you are considering applying for a Child Arrangements Order, it is crucial to understand the process, your rights, and the potential implications for your family.
