Child arrangement order solicitors

A child arrangements order can set out:

• Who a child lives with and when.
• Who they spend time or otherwise have contact with and when.
• How that contact takes place, including daytime or overnight stays, telephone or video calls and letters.

You may need an order if you cannot agree arrangements, an informal agreement is no longer working or you need a clear, legally binding framework. The court’s decision will be based on the child’s welfare and neither parent is automatically prioritised because of their gender.

“Custody” and “access” are still commonly used expressions, but they are not the names of current court orders in England and Wales.

If you cannot agree arrangements, you can apply online or use form C100. Most applicants must first attend a Mediation Information and Assessment Meeting (MIAM), unless a valid exemption applies. Some people also need the court’s permission to apply.

For more information, see what happens during the child arrangements court process.

A provision setting out who a child lives with can remain in force until the child turns 18. A provision covering time with or other contact will normally end when the child turns 16, unless the court directs that it should continue in exceptional circumstances. The court can vary or end an order earlier, and no child arrangements order continues beyond the age of 18.

Speaking to an expert family solicitor who specialises in children matters is advisable, particularly if you and your ex are struggling to agree on certain issues. A child lawyer will support negotiations, including help with mediation if appropriate. They can also guide you through the court process of applying for a child arrangements order if you cannot agree matters. 

Legal costs will vary depending on the complexity of your case, your lawyer’s experience, and whether you need to go to court. Applying for a child arrangements order through the court comes with a court fee. 

See how our legal fees and pricing works here. 

A child’s welfare remains the court’s main consideration, regardless of whether their parents were married. However, marital status and birth registration can affect who has parental responsibility.

The birth mother automatically has parental responsibility. For births registered in England and Wales on or after 1 December 2003, an unmarried father will generally acquire parental responsibility if he is registered as the child’s father. If he does not have it automatically, he may acquire it by jointly re-registering the birth, entering into a parental responsibility agreement, obtaining a court order or later marrying or forming a civil partnership with the birth mother. A child arrangements order can also confer parental responsibility in certain circumstances.

Different rules can apply to second female parents, children conceived through fertility treatment and children born through surrogacy, so specialist advice may be needed.