Most parents who apply for a child arrangement order are not looking for a legal battle. They are usually trying to create certainty after conversations, informal arrangements or previous attempts to cooperate have stopped producing a workable outcome for their child.
The application asks the family court to make a decision about arrangements that the adults have been unable to resolve. It may concern where a child lives, when they spend time with another parent or carer, and how that time should take place.
Court proceedings are not required whenever parents separate. Many families agree arrangements privately or through mediation. Where agreement is no longer possible, understanding the application process can help parents present the real issues clearly and avoid unnecessary confusion.
This guide explains what a Child Arrangements Order is, who may apply, how Form C100 is used and what families can expect after an application reaches the court.
What is a child arrangements order?
Under the Children Act 1989, the family court can make an order setting out arrangements concerning a child. The decision is based on the child’s welfare rather than on establishing which adult has won the disagreement.
The official term is Child Arrangements Order. It replaced older terminology such as residence orders and contact orders, although those expressions are still used informally by some parents.
Cafcass describes this type of order as one that sets out where a child lives and who they spend time with. It forms part of private law proceedings, which commonly arise when parents, carers or relatives cannot agree about the child’s upbringing.
What arrangements the court can decide?
The order may regulate where the child is to live, whether they live primarily with one parent or spend substantial periods in both homes, and when they spend time with another person.
Its terms can address direct contact, overnight stays, weekends, school holidays and special occasions. In some circumstances, the court may provide for indirect contact through telephone calls, video communication, letters or another suitable method.
The wording should reflect the child’s circumstances. A young child may need a different routine from a teenager, while school distances, work patterns, health needs and existing family relationships can influence what is practical.
The court can make detailed provisions when parents require certainty. It may leave some flexibility where the adults have demonstrated that they can cooperate without every arrangement being prescribed.
What a child arrangements order does not cover?
Certain disputes about a child require a different type of court order. A Child Arrangements Order is not designed to decide every question connected with parental responsibility.
A Specific Issue Order may be appropriate where the disagreement concerns a particular decision, such as education, medical treatment, religious upbringing or another defined matter.
A Prohibited Steps Order can prevent a person from taking a specified action without the court’s permission. This may be relevant where a parent proposes a step that the other believes could affect the child’s welfare.
Financial support for children is dealt with separately. A Child Arrangements Order does not replace the processes used to determine ordinary child maintenance.
Identifying the correct application matters because Form C100 can be used for several types of Section 8 order. The applicant should make clear which decision the court is being asked to make.
When might you need to apply for a child arrangements order?
A court application tends to become relevant when an important parenting issue remains unresolved and the absence of clear arrangements is affecting the child or creating continuing uncertainty. The decision to apply should be based on the needs of the family rather than on a wish to formalise every minor disagreement.
When parents cannot agree where a child should live
Separation can leave parents with different views about the child’s main home. One may believe that continuity requires the child to remain in their current area, while the other may propose a different arrangement based on work, housing or support from extended family.
A court can determine where the child should live when direct discussions and appropriate non-court options have not produced agreement.
The decision will not be made by applying a general preference for mothers, fathers or equal division of time. The court considers the individual child and the arrangements that best meet their welfare needs.
Parents should present practical proposals. It is more helpful to explain how school attendance, travel, healthcare and everyday routines will work than to rely on broad claims about parental rights.
When time with a parent or carer remains disputed
Some families agree where the child will live but cannot settle when or how they will spend time with the other parent.
The disagreement might concern overnight stays, school holidays, frequency of visits, transport or the level of supervision required. It may also involve a wider family member who has played a significant role in the child’s life.
A court order can establish a reliable pattern and define the responsibilities of those involved. The arrangement must remain focused on the child’s experience rather than treating time as something owed to an adult.
Safety concerns require careful consideration. Where contact may expose the child or a parent to harm, the court can examine whether protective conditions, supported contact or another arrangement is appropriate.
When informal arrangements have broken down
Many separated parents begin with a flexible verbal agreement. This can work well while communication remains constructive and both adults follow the same expectations.
Problems arise when arrangements change repeatedly, handovers are cancelled, information is withheld or each parent believes that a different agreement applies.
A court application may provide certainty where repeated attempts to establish a stable routine have failed. Before applying, parents should consider whether the problem concerns the arrangement itself or the way communication is taking place.
Mediation may help clarify dates, responsibilities and practical expectations without requiring a judge to regulate the family’s day-to-day decisions.
When a court application may not be the first option
Disagreement does not automatically require legal proceedings. Parents can use direct negotiation, solicitor correspondence, collaborative law, arbitration or family mediation where those methods are safe and suitable.
The Child Arrangements Programme expects prospective applicants to consider non-court dispute resolution before making most private family applications. Attendance at a MIAM is generally required unless an exemption applies.
A court order may be unnecessary when both parents can make and maintain a clear parenting plan. An agreement does not need to replicate the formality of a judgment to provide a child with stability.
Proceedings may remain appropriate where there is a serious safeguarding concern, an urgent risk, persistent refusal to engage or a dispute that cannot be resolved voluntarily.
Who can apply for a child arrangement order?
The Children Act distinguishes between people who can make an application directly and those who first need the court’s permission. The correct route depends on the applicant’s legal and practical relationship with the child.
Parents and people who can apply without permission
A child’s mother can apply for a Child Arrangements Order. A father or another legal parent can also apply, subject to the statutory categories governing parenthood.
Other people may have an automatic right to apply because of their existing legal status or relationship with the child. This can include a guardian, a person named in an existing order as someone with whom the child lives, and certain people with whom the child has lived for a prescribed period.
Step-parents may have a route to apply depending on their circumstances and legal relationship with the family. The official HMCTS guidance sets out the categories in detail.
Having the right to apply does not guarantee that the requested order will be made. It allows the person to place the issue before the court, which will then decide the application by reference to the child’s welfare.
Grandparents and other family members
Grandparents do not usually have an automatic right to apply solely because of their family relationship. They may first need permission from the court, commonly referred to as leave to apply.
When considering permission, the court may examine the nature of the proposed application, the person’s connection with the child and whether the application could disrupt the child’s life in a harmful way.
Permission is a preliminary decision. If it is granted, the court will later consider the substantive application and determine what arrangement, if any, serves the child’s welfare.
Some grandparents or relatives may fall into a category that allows them to apply directly, particularly where the child has lived with them for a significant period or they hold an existing legal status. Individual circumstances should be checked before completing the application.
Applying when you do not have parental responsibility
Parental responsibility and the right to apply are connected but not identical. A person may be entitled to seek a Child Arrangements Order even where another application concerning parental responsibility is also relevant.
An order stating that a child is to live with a person can have consequences for that person’s parental responsibility while the order remains in force. The legal effect will depend on the applicant’s status and the terms made by the court.
Parents should avoid assuming that a dispute about time with a child can be resolved solely through an application for parental responsibility. The court may need to consider both the legal status of the adult and the practical arrangements sought.
Where the applicant is uncertain about their right to apply, independent legal advice can help establish whether permission or another form is required.
Do you need to attend a MIAM before applying?
Most people proposing to start private children proceedings must attend a Mediation Information and Assessment Meeting before sending their application to court.
The requirement is intended to ensure that families understand the available methods of resolving the dispute and consider whether court proceedings are necessary.
What happens during a MIAM?
This is a private meeting between the prospective applicant and an authorised family mediator. The other parent does not ordinarily take part in the same assessment appointment.
We use the meeting to understand the issues, explain family mediation and discuss other possible forms of non-court dispute resolution. We also consider whether mediation could be conducted safely and whether any changes to the process would be required.
The assessment does not compel either parent to agree to mediation. Its purpose is to provide informed options and determine whether the case appears suitable for further discussions.
When a court application remains necessary, the mediator can complete the relevant section confirming attendance. The prospective applicant remains responsible for contacting an authorised mediator and arranging the appointment.
When a MIAM exemption may apply?
Certain applications can be made without prior attendance. Recognised exemptions include circumstances involving evidence of domestic abuse, child protection concerns, urgency, recent previous MIAM attendance and other situations set out in the Family Procedure Rules.
An exemption should not be selected merely because the applicant believes that the other parent will refuse to mediate. The prospective applicant is expected to attend the assessment unless one of the recognised grounds genuinely applies.
The relevant section of Form C100 must identify the exemption relied upon and any required supporting information. The court can examine whether the ground has been completed properly.
Where safety is a concern, parents should not place themselves at risk simply to satisfy a procedural requirement. The MIAM framework includes assessment of domestic abuse and possible harm to the child.
What happens if mediation is suitable?
Each parent is normally invited to attend a separate assessment before joint negotiations begin. The mediator considers whether both participants can take part freely and whether the process can be managed safely.
Sessions may then take place together, separately through shuttle mediation or online, depending on the family’s needs.
Parents can discuss living arrangements, school weeks, weekends, holidays, transport, communication and future decision-making. The aim is to develop proposals that are practical and centred on the child.
A complete agreement may remove the need to apply. Partial progress can still help by reducing the number of issues the court would be asked to determine.
How to apply for a child arrangements order
The application is usually made using Form C100 and may be submitted through the online court service or by using the current paper form. The official process applies in England and Wales.
Good preparation can help the court understand the dispute without having to extract the central issue from a long account of the adult relationship.
Decide what you are asking the court to determine
Before completing the form, the applicant should identify the precise order required. A general request for the court to sort out contact gives less useful information than a clear proposal.
The application may ask the court to determine:
- Where the child should live.
- When the child should spend time with another parent or carer.
- Whether overnight stays should take place.
- How school holidays and special occasions should be divided.
- Whether contact should be direct, supervised or indirect.
- How handovers and transport should be managed.
Each request should be connected to the child’s circumstances. A proposed routine needs to take account of school, distance, sleep, work commitments and the child’s existing relationships.
Applicants should distinguish the order they want from the evidence they will use to support it. The requested outcome should be identifiable before the background explanation begins.
Complete Form C100
This is the prescribed application form for a Child Arrangements Order, Specific Issue Order or Prohibited Steps Order. It is also used to apply to vary or discharge certain existing orders.
The form asks for information about the applicant, the respondent, the children and any current or previous proceedings. It also covers the MIAM requirement, the orders requested and issues affecting safety or welfare.
Applicants should use the current version. The official C100 was updated on 1 June 2026, so forms retained from an earlier application or downloaded from an unofficial source may no longer reflect the latest wording.
Names, dates of birth and contact details should be checked carefully. Inconsistencies can cause avoidable questions or delay the issue of proceedings.
The separate article on completing Form C100 can provide more detailed guidance on the form itself. This page is intended to explain the wider application process.
Include relevant safeguarding information
The application must disclose concerns that could affect the safety or welfare of the child or either party. Relevant matters may include domestic abuse, neglect, substance misuse, threats, risk of abduction or involvement from the police and children’s services.
Information should be specific enough for the court to understand the alleged risk. Dates, incidents and known professional involvement are usually more useful than broad statements that the other parent is unsafe.
Applicants should avoid including allegations simply to strengthen their position in an ordinary parenting disagreement. Serious claims can influence safeguarding enquiries and the way the court manages the case.
Where disclosure of an address or contact detail could create a risk, the current court process provides mechanisms for supplying confidential information. The latest C100 wording directs applicants to the appropriate confidential details form.
Pay the application fee or request help with fees
From July 2026, the fee for a new application under the Children Act 1989, including a Child Arrangements Order, is £270. Court fees can change, so applicants should confirm the current amount immediately before submission.
This payment does not cover legal representation, advice or other professional costs.
People receiving certain benefits or living on a low income may be eligible for help with the fee. HMCTS allows applications for fee assistance online or through Form EX160.
Where help with fees is requested, the applicant should complete the relevant process and provide the reference or form required by the court.
An application may be delayed if the fee, remission request or payment information is missing.
Submit the application to the family court
Many applicants can use the online service. The electronic process allows the application to be saved and completed before submission.
A paper application can also be made using Form C100. The applicant must follow the current HMCTS instructions concerning copies, supporting documents and the court to which the papers should be sent.
The application should be reviewed as a complete document before it is submitted. Contradictory dates, incomplete sections or unclear requests can make the case more difficult to understand.
Applicants should retain a copy of everything provided to the court. This includes the form, supporting documents, fee information and any covering correspondence.
What information should you prepare before applying?
A clear application is usually built from a small number of relevant facts rather than an exhaustive history of the relationship.
Details of the current parenting arrangements
The court needs to understand what is happening now. This may differ from what the parents originally intended or what occurred immediately after separation.
Applicants should record where the child currently lives, how often they spend time with each parent and how handovers operate. Any informal routine should be described accurately.
Relevant details may include the child’s school, nursery, medical needs, travel distances and the involvement of siblings or other carers.
Where the current arrangement has stopped, the applicant should explain when this happened and what has occurred since. The purpose is to provide context rather than to assign blame through emotive language.
A clear proposal for the child
The court needs to know what outcome the applicant is seeking. Requests for reasonable contact or shared care can be interpreted in several ways. A practical proposal might identify:
- The ordinary school-week routine.
- Weekend arrangements.
- Collection and return times.
- School holiday divisions.
- Christmas, birthdays and other occasions.
- Transport responsibilities.
- Telephone or video communication.
- How changes will be discussed.
Each element should be considered from the child’s point of view. A schedule that appears balanced between adults may involve excessive travel or interfere with school and rest.
The proposal does not need to anticipate every possible event. It should provide enough detail to demonstrate that the suggested arrangement can work.
Evidence and relevant documents
Private family proceedings do not require the applicant to attach every message exchanged since separation.
Documents should be selected because they support a relevant factual issue. This may include an existing court order, a parenting plan, school information or records connected with a specific safeguarding concern.
Long collections of hostile messages can distract from the decision the court is being asked to make. A concise chronology may be more useful where the sequence of events is important.
The court controls what evidence is required as the case progresses. Further statements, reports or disclosure may be directed after the first hearing.
Applicants should not obtain or share confidential information improperly. Legal advice may be appropriate where there is uncertainty about admissible evidence.
Information about previous attempts to agree
Form C100 and the wider Child Arrangements Programme place importance on attempts to resolve disputes outside court. The applicant should be ready to explain whether the parents have discussed the issue, prepared a parenting plan, attended a MIAM or tried mediation.
This does not mean that a parent must continue negotiations where doing so is unsafe. Safeguarding concerns and recognised exemptions should be identified through the proper parts of the application.
Where progress was made on some issues, those agreements should be recorded. The court may then focus on the smaller number of questions that remain disputed.
A history of constructive attempts to find a solution can help demonstrate that the application has been made because a decision is genuinely required.
What happens after you apply?
Submission begins the court process rather than ending the dispute. The application is reviewed, served on the respondent and managed under the Child Arrangements Programme.
The precise route will depend on the issues, safeguarding information and whether the parents reach agreement.
Court review and case allocation
Once the application has been issued, the court undertakes an initial review and allocates the case to the appropriate level of judge or magistrates. This gatekeeping stage helps determine how the proceedings should be managed and whether any immediate directions are required.
The respondent receives the application and information about the hearing. They will have an opportunity to present their position.
Urgent applications may follow a different early timetable. Ordinary applications are listed according to the court’s available dates and the needs of the case.
The applicant should read every notice carefully and comply with any direction concerning documents or attendance.
Cafcass safeguarding enquiries
The court normally sends private law children applications to Cafcass in England. Cafcass Cymru performs the corresponding role in Wales. Before the first hearing, Cafcass commonly completes police and local authority safeguarding checks. A Family Court Adviser may speak separately with each adult named as a party to identify welfare or safety concerns.
The adviser prepares a safeguarding letter for the court. This summarises the checks, issues raised during the interviews and advice about the next steps.
Children are not ordinarily interviewed during these initial safeguarding enquiries. More detailed work may be ordered later if the case proceeds beyond the first hearing.
Parents should engage with the adviser honestly and remain focused on information relevant to the child.
The first hearing
The initial appointment is commonly called the First Hearing Dispute Resolution Appointment. The court considers the application, the respondent’s position and the safeguarding information. A Cafcass adviser may be available to support discussion and provide welfare advice.
Where there are no safety concerns, the professionals may help the parents explore whether they can reach an agreement. If the court considers the proposed terms to be in the child’s interests, proceedings may conclude through a consent order.
Where agreement is not possible, the court identifies the unresolved issues and decides what further information is needed.
Temporary arrangements may be made while the case continues. These interim decisions do not necessarily predict the final outcome.
Further reports or hearings
Some cases require a more detailed assessment under Section 7 of the Children Act 1989. The court may ask Cafcass or the local authority to investigate and provide recommendations.
The Family Court Adviser may speak with the parents, the child and relevant professionals. The child is not asked to choose between the adults. Their wishes and feelings are considered as part of a wider welfare assessment.
A dispute resolution hearing may take place after the report has been filed. This gives the parents and the court an opportunity to review the evidence and consider whether agreement is now possible.
Cases involving disputed allegations may require a fact-finding hearing. A final hearing becomes necessary when the material issues remain unresolved and the court must impose a decision.
Not every application passes through all these stages.
Agreement, consent order or final decision
Parents can reach an agreement at any stage. The fact that proceedings have started does not prevent them from using mediation or negotiating through their legal advisers.
When a complete proposal is presented, the court considers whether its terms are consistent with the child’s welfare. Approval is not automatic merely because both adults agree. A consent order records arrangements accepted by the parties and approved by the court.
Where no agreement is reached, the judge or magistrates hear the evidence and determine what order should be made.
The final decision may reflect one parent’s proposal, combine elements from both or establish an arrangement that neither requested in precisely that form.
What will the court consider?
The welfare of the child is the court’s paramount consideration when deciding whether to make a Section 8 order. The legal assessment is individual. Outcomes in another family do not determine what should happen in the applicant’s case.
The child’s welfare and everyday needs
Decision-makers consider the child’s physical, emotional and educational needs. Everyday practicalities can carry considerable weight. The court may examine school attendance, travel, sleep, healthcare, childcare and the ability of each parent to meet the child’s routine needs.
The court also considers the child’s relationship with each parent and other important people.
Cafcass explains that the starting point in cases without welfare or safety concerns is generally that children benefit from their parents supporting a relationship with the other parent or carer. This does not override evidence that contact would expose the child to harm.
An application should show how the proposed arrangement would operate in real life.
The child’s wishes and feelings
A child’s views may form part of the welfare assessment, with weight depending on their age and level of understanding. This does not mean that the child is asked to decide where they should live or choose between parents.
Professionals assess the meaning and context of the views expressed. They may consider whether the child has been influenced, feels responsible for the conflict or is reacting to a temporary difficulty.
Parents should not rehearse answers with the child or ask them to support the application.
Where a Section 7 report is ordered, the Family Court Adviser may speak with the child in an age-appropriate way and explain their recommendations before the report is filed.
Safety, stability and the effect of change
The court assesses any harm the child has suffered or may be at risk of suffering. Domestic abuse, neglect, substance misuse, coercive behaviour and unsafe care may affect whether direct contact can take place and what safeguards are required.
Stability is another relevant factor. The likely effect of moving home, changing school or altering an established routine will be considered.
Continuity does not mean that an arrangement must remain unchanged when it is harmful or unworkable. The court balances the benefit of stability against the need for a safer or more suitable structure.
Temporary protective measures may be used while allegations or risks are assessed.
The practicality of each parent’s proposal
A suggested arrangement must be capable of being followed consistently. The court may examine work hours, distance between homes, transport, accommodation, school commitments and the reliability of proposed carers.
A request for equal time, for example, may be difficult to implement where homes are far apart or communication is extremely poor. A primary-home arrangement may also be unsuitable if it unnecessarily restricts a secure relationship with the other parent.
Parents should explain how ordinary handovers and unexpected changes will be managed. The strongest proposal is rarely the one that appears most favourable to the applicant. It is the one that offers the child a safe, stable and sustainable routine.
Can you apply without a solicitor?
A person can make a Child Arrangements Order application without legal representation. Someone who represents themselves is commonly described as a litigant in person.
The online service and Form C100 are available for applicants to complete directly. The court should not expect a self-represented parent to use the same terminology as a specialist solicitor.
Acting without representation does not remove the need to follow court directions, attend hearings and present relevant information clearly.
Independent legal advice may still be valuable where the case includes domestic abuse, international relocation, disputed parentage, complex evidence or serious allegations.
A family mediator cannot advise either participant on their legal position or represent them in court. We can explain the mediation process and help parents explore arrangements, while legal advice remains a separate service.
Can mediation help before you apply to court?
Legal proceedings can sometimes be avoided when parents are given a structured setting in which to define the disagreement and test practical solutions. Where mediation is safe and suitable, it can take place before an application or while proceedings are underway.
Reaching arrangements without a court order
Parents can make parenting arrangements without obtaining a Child Arrangements Order. During family mediation, we help participants discuss living arrangements, school weeks, holidays, transport and communication. The parents retain control over the outcome rather than asking a judge to impose one.
A parenting plan can record the routine and the way future decisions will be handled. The absence of a court order does not make an agreement unimportant. Its effectiveness depends on both parents understanding the terms and following them consistently.
Where greater legal certainty is required, the parents can obtain independent advice about asking the court to approve agreed terms.
Narrowing the issues before an application
Mediation does not need to resolve every question to be worthwhile. Parents may agree where the child will live but remain divided over holidays. They may settle the school-week routine while requiring guidance on a proposed relocation.
Reducing the number of disputed issues can make a later application more focused. It may shorten hearings and prevent the court from having to decide matters the parents could manage themselves.
The process can also reveal that the apparent disagreement is caused by unclear communication rather than incompatible parenting proposals. We encourage participants to distinguish between essential welfare concerns and preferences that allow room for compromise.
Recording proposals reached in mediation
The mediator can prepare a written record of the proposals developed during the sessions. This document sets out the areas of agreement and any matters that remain unresolved. It is not automatically a court order.
Each parent may obtain legal advice before deciding whether to rely on a parenting plan or request a consent order.
Clear recording reduces misunderstandings. It can identify when the arrangement begins, how holidays will be divided and what should happen when an unexpected change is needed. Where proceedings have already started, the parents can tell the court about the progress made and ask it to consider any agreed terms.
How Direct Mediation Services can help with child arrangements
We can provide the Mediation Information and Assessment Meeting required before most Child Arrangements Order applications. The appointment gives each participant space to explain the circumstances privately and understand the available routes.
Our family mediators remain impartial. We do not decide the outcome, provide legal representation or pressure either parent to accept a proposal. Online mediation can make appointments easier to arrange when parents live in different areas or have demanding work and childcare responsibilities. Shuttle mediation may be considered where direct discussion would be difficult but separate participation remains appropriate.
Reaching an agreement may remove the need to apply for a Child Arrangements Order. Where court involvement is still necessary, mediation can narrow the issues and help each parent present a more realistic proposal.
You can contact Direct Mediation Services on 0330 043 6799, via email info@directmediationservices.co.uk or by our contact form.