Child Arrangements Orders in England and Wales: A Complete Plain-English Guide for Divorcing Parents

When a marriage breaks down, most parents want to reach their own agreement about where the children will live and how much time they will spend with each parent. Sometimes, though, that agreement proves impossible to reach, and you may need the court to step in. A child arrangements order is the legal tool courts in England and Wales use to set out exactly those arrangements. This guide explains what a child arrangements order is, when you need one, how to apply, and what happens at each stage of the process, all in plain English.

What Is a Child Arrangements Order?

A child arrangements order is a court order made under section 8 of the Children Act 1989. It sets out two key things: where a child lives, and when and how the child spends time with each parent or other significant person in their life.

Before April 2014, family courts in England and Wales used two separate orders called a residence order and a contact order. These were merged into the single child arrangements order to move away from the idea that one parent "wins" and the other "loses." The language changed deliberately, so that orders now say a child lives with one parent or spends time with another, rather than implying one parent has custody and the other only has visiting rights.

A child arrangements order can cover:

• Which parent the child lives with, or whether they split their time between both homes
• A detailed schedule of when the child is with each parent, including school holidays and special occasions
• How the handovers take place
• Contact with grandparents or other family members, if included

It is worth knowing that a child arrangements order is different from a prohibited steps order (which stops a parent from taking a specific action, such as removing a child from England and Wales) or a specific issue order (which resolves a one-off dispute, such as which school a child attends). All of these fall under section 8 of the Children Act 1989 and are heard in the family court.

If you are going through divorce and want to understand the wider process, our complete guide to divorce in England and Wales gives helpful context alongside the children arrangements process.

Do You Actually Need a Court Order?

Many separating parents assume they need to go to court to sort out arrangements for their children. In fact, most families never need a court order at all. If you and your ex-partner can agree on where the children will live and how time will be shared, that agreement is perfectly valid without any court involvement.

You can record your agreement in a parenting plan, which is an informal written document setting out the arrangements. Whilst it is not legally binding in the same way a court order is, it gives both parents a clear reference point and can reduce future arguments. CAFCASS (the Children and Family Court Advisory and Support Service) offers a free parenting plan template on its website.

If you want extra legal security, you can ask a solicitor to draft a consent order reflecting your agreed arrangements and apply to the court to make it official. Once a judge approves it, it has the same force as any other court order. This is usually much quicker and cheaper than contested proceedings.

Court proceedings become necessary when:

• You and your ex cannot agree on the arrangements, even after trying mediation
• There are serious concerns about a child's safety or welfare
• One parent is repeatedly ignoring an existing informal agreement
• There is a risk of the child being taken abroad without consent

Even when court seems inevitable, you will usually be required to attempt mediation first (more on that below). Going straight to litigation can be expensive: family solicitors typically charge between £150 and £400 or more per hour, and contested children cases can run to thousands of pounds. Understanding your options early can save significant stress and cost.

The Mediation Requirement Before You Apply

Before you can apply to the family court for a child arrangements order, you are generally required to attend a Mediation Information and Assessment Meeting, commonly called a MIAM. This is a short meeting, usually around 45 to 60 minutes, with an accredited family mediator. Its purpose is to explore whether mediation could help you and your ex reach an agreement without going to court.

You do not have to mediate if you do not want to, but you do have to attend the MIAM to show the court you have at least considered it. If mediation is not suitable, the mediator will sign a form confirming you are exempt, and you can proceed with your court application.

There are a number of exemptions that mean you do not have to attend a MIAM at all. These include situations where:

• There is evidence of domestic abuse
• The child is at risk of harm
• The other party cannot be located
• There is an existing emergency or urgent situation
• Social services are already involved

Mediation, when it works, is almost always faster and far less expensive than going to court. Many couples reach a workable agreement after just a few sessions. Even if you only partially agree, narrowing the issues before court can reduce the time a judge needs to spend on your case, which keeps costs down.

It is also worth exploring whether a collaborative law process or working with a parenting coordinator might suit your situation, particularly where communication has broken down but both parents genuinely want to put the children first.

How to Apply for a Child Arrangements Order: Step by Step

If mediation has not resolved matters or you have an exemption, here is how the court application process works in England and Wales.

1. Complete form C100. This is the main application form for a child arrangements order. You can download it from the GOV.UK website or complete it online. You will need to provide details about the children, the other party, your proposed arrangements, and the reasons for applying.
2. Include your MIAM certificate. The mediator will have provided a signed form (FM1) confirming you attended or are exempt. This must accompany your C100.
3. Pay the court fee. As of 2026, the fee for a C100 application is £232. You may be eligible for a fee remission (Help with Fees) if you are on a low income or certain benefits.
4. Send or submit your application. Applications can be submitted to your local family court or online through the HM Courts and Tribunals Service portal.
5. Attend a First Hearing Dispute Resolution Appointment (FHDRA). This is usually listed within four to six weeks of the application being issued. A CAFCASS officer will speak to both parties before the hearing and produce a brief safeguarding letter. The judge will explore whether agreement is possible at this stage.
6. Further hearings if needed. If the case is not resolved at the FHDRA, the court may order a CAFCASS welfare report, set out a timetable for evidence, and list a Dispute Resolution Appointment (DRA) or, in the most complex cases, a final hearing where a judge makes a decision.

The full process can take anywhere from a few months to well over a year in complex or contested cases, so patience is important. Keeping communication focused on the children's needs, rather than adult grievances, will help at every stage.

What Does the Court Consider? The Welfare Checklist Explained

When a family court in England and Wales makes a decision about a child, it is guided by one overriding principle: the child's welfare is the court's paramount consideration. This comes from section 1 of the Children Act 1989.

To assess welfare, the judge must work through a statutory welfare checklist. This asks the court to weigh up:

• The child's own wishes and feelings, considered in light of their age and understanding
• The child's physical, emotional, and educational needs
• The likely effect of any change in circumstances on the child
• The child's age, background, and any relevant characteristics
• 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

There is no automatic presumption that one parent should have more time than the other, and there is no rule that says children must spend equal time with both parents. However, courts do start from the presumption that involvement of both parents is generally in the child's best interests, provided it is safe to do so.

CAFCASS plays a vital role in helping the court understand the children's situation. A CAFCASS officer may speak with the children (if they are old enough), interview both parents, and write a detailed welfare report with recommendations. Judges take these reports seriously, though they are not bound to follow them.

If there are allegations of domestic abuse, the court will apply the Practice Direction 12J framework, which requires a careful assessment of risk before any contact is ordered.

What Happens After an Order Is Made?

Once a child arrangements order is in place, both parents are legally required to follow it. Ignoring or repeatedly breaching an order is a serious matter.

If one parent fails to comply, the other can return to court. The judge has a range of options, including:

• Making an enforcement order, which can require the non-complying parent to carry out unpaid work
• Awarding financial compensation to the affected parent in some circumstances
• Changing the underlying child arrangements order if it is clear the current arrangements are not working
• In extreme cases, committing the non-complying parent to prison for contempt of court

Child arrangements orders generally last until a child turns 16, though they can extend to 18 in exceptional circumstances. As children grow older and their needs change, it is common for parents to agree to vary the arrangements informally. If agreement cannot be reached, either parent can apply back to court to have the order varied.

It is also important to understand parental responsibility. A child arrangements order does not automatically affect parental responsibility, which is the legal right and duty to make decisions about a child's upbringing. Mothers automatically have parental responsibility. Fathers have it if they were married to the mother, or if they are named on the birth certificate (for births registered after 1 December 2003 in England and Wales). An unmarried father without parental responsibility can acquire it through a parental responsibility agreement or a court order.

Understanding the financial side of your divorce alongside these children's arrangements is important too. Our free divorce financial calculator can give you a clearer picture of where you stand.

Costs, Legal Help, and Affordable Alternatives

One of the biggest worries for parents going through a contested children case is the cost. Solicitors in England and Wales typically charge between £150 and £400 or more per hour for family law work. A fully contested child arrangements case, running through multiple hearings to a final hearing, can cost each party several thousand pounds, sometimes tens of thousands in the most complex situations.

Legal aid for private children cases has been severely reduced since 2013. It remains available in limited circumstances, for example where there is evidence of domestic abuse or child abuse, but most parents will not qualify and must fund their own legal costs.

There are ways to manage costs:

• Mediation: Usually far cheaper than court, with fees often between £100 and £200 per person per session, and sometimes subsidised
• McKenzie Friend: A non-legally qualified person who can accompany you to court hearings and help you prepare, often for a much lower fee than a solicitor
• Direct Access barrister: You can hire a barrister directly for specific hearings without going through a solicitor
• Fixed-fee solicitor appointments: Many solicitors offer a first appointment at a fixed rate so you can get targeted advice without committing to ongoing representation
• Plain-English guides: Understanding the process clearly before you pay for professional advice helps you ask better questions and avoid expensive misunderstandings. Clarity Guide provides straightforward divorce guidance from just £37, helping you understand every stage before spending money on solicitors

If you are considering handling parts of your divorce yourself, our guide on how to divorce without a solicitor in the UK is a useful starting point. And for a breakdown of what divorce is likely to cost you overall, see our article on how much divorce costs in the UK.

A note on Scotland: If you live in Scotland, the law on children's arrangements is different. Scotland operates under the Children (Scotland) Act 1995, and orders are called contact orders or residence orders. The principles are similar but the procedures and terminology differ. Our complete guide to divorce in Scotland covers this in more detail.