What is a child arrangements order?

A child arrangements order is a court order that sets out who is responsible for the care of a child.

It is usually used in cases when the parents cannot agree on how to split care of their children.

A child arrangements order can state:

• Who the children live with

• Where they live

• When and how the children will see both parents

For example, they may spend weeknights in the family home and weekends with their mother/father.

It can also set out other types of contact such as through phone calls, video calls, cards and letters etc.

The following people can apply for an order without prior permission from the court.

• A parent, guardian or special guardian of the child

• A spouse or civil partner if the child is part of that family

• Someone with parental responsibility

• Someone who already has a residence order for that child

• Someone who the child has lived with for more than three years

Grandparents, who do not meet any of the criteria above, have to apply to the court for permission before applying for the order.

You will need to obtain a signed MIAM* form before you can make an application for a child arrangements order. * MIAM is the Mediation Information and Assessment Meeting.  This is a required step for anyone having a dispute regarding children unless certain exceptions apply such as domestic abuse.

An application for a child arrangements order is made on a C100 form.  This sets out the details of the children and the parties involved.  You will be asked to state which orders you are seeking and why.

You will also need to complete a C1A form if you are alleging harm and domestic violence.

Once you have completed the C100 form, you will need to send it to the court in triplicate along with the court fee which is currently £215, unless you are eligible for a fee exemption.

The application should be sent to the nearest court to where the children concerned in the application live.

Once the court receives your application, it will set a date for everyone involved in the application to have a First Hearing Dispute Resolution Appointment (FHDRA).

The court will send a copy of the application to the other party, and they must complete an acknowledgement form and return it to the court to confirm that they have seen the papers.

Understanding the court process to obtain a child arrangements order 

Generally, a child arrangements order will expire when the child turns 18 years old unless otherwise stated.

You will need to pay the current court fee of £215 unless you are eligible for a fee exemption and your solicitor’s fees. While you do not need a solicitor to apply for the order, it’s advisable to have professional legal advice from an experienced family lawyer as this area of law can be complicated.

First and foremost, the courts will consider what is in the best interests of the child using the welfare checklist, which considers the following:

• The wishes and feelings of the child concerned dependent on their age and level of understanding

• The child’s physical, emotional and educational needs

• The likely effect on the child if circumstances changed as a result of the court’s decision

• The child’s age, sex, background and any other characteristics which will be relevant to the court’s decision

• Any harm the child has suffered or may be at risk of suffering

• The capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs

• The powers available to the court in the given proceedings

Yes, this order is legally binding, and if a parent breaches it, they will be in contempt of court which could mean fines, enforcement orders, unpaid work in the community and even imprisonment (although this is extremely rare).

Unfortunately, these orders are not always complied with.

If you are experiencing difficulties with a child arrangements order, try to discuss the breach (s) with the other parent in the hope that you can reach an agreement without having to return to court. Meditation can also help here.

If you have to return to court, an application for enforcement is made on a Form C79.

Enforcement proceedings must be dealt with without delay and if possible, listed before the judge that dealt with matters previously. A hearing will be listed within 20 working days of the application being issued.

Read more about what happens when a parent breaks a court order.