After a separation or divorce, parents do not always agree on child custody or contact arrangements. In such cases, one or both parents may apply to the Family Court for a Child Arrangements Order.
A Child Arrangements Order is a legally binding court order that sets out:
- Where your child lives
- When your child spends time with each parent
- What other types of contact take place (such as phone or video calls)
If you are going through a separation or divorce and cannot agree on child custody or contact, our specialist Child Arrangement Order Solicitors at Premium Solicitors can provide expert legal advice and representation. With offices in London and Birmingham – and nationwide remote services via phone, WhatsApp, email and Zoom – we help parents, guardians, and grandparents resolve disputes involving children quickly and effectively.
- Page Contents
- Who Can Apply?
- Ask a Question
- Mediation Requirement
- Court Procedure
- What the Judge Considers?
- Related Orders
- How Can We Help?
- Court Fees
- How Much Do We Charge?
- Frequently Asked Questions
Who Can Apply for a Child Arrangements Order?
Under Section 8 of the Children Act 1989, the following people can apply without prior court permission:
- A parent, guardian or special guardian of a child
- Anyone with parental responsibility
- A person who holds a residence order in respect of the child
- A spouse or civil partner, where the child is considered “a child of the family”
- Anyone the child has lived with for at least 3 years
- A person with the consent of the local authority (if the child is in care) or all others with parental responsibility
- Other family members, such as grandparents, can also apply for permission to seek a Child Arrangements Order.
The court considers:
- The applicant’s connection to the child
- The nature of the application
- Whether the application may disrupt the child’s life to the extent that it could cause harm
Ask a Question About Child Arrangements Order Application
If you are considering applying for a Child Arrangements Order, or you are already involved in a dispute regarding your child’s living or contact arrangements, our experienced family law solicitors at Premium Solicitors are here to help. We understand that issues involving children can be emotionally challenging and legally complex. Our specialist team provides clear, practical, and strategic advice tailored to your circumstances.
Mediation Before Applying – MIAM Requirement
Before applying to the court, most applicants must attend a Mediation Information and Assessment Meeting (MIAM) under the Children and Families Act 2014.
Exemptions apply if there is:
- Evidence of domestic violence
- Urgent child protection concerns
- Risk of harm or hardship if delayed
- A previous MIAM attendance or valid exemption
The Court Procedure for a Child Arrangements Order
Step 1: Application (Form C100)
The application is made using Form C100, explaining the orders sought and the issues in dispute.
Step 2: First Hearing Dispute Resolution Appointment (FHDRA)
The case is usually listed for a First Hearing with a CAFCASS officer present to safeguard the child’s welfare. The court attempts to resolve the dispute early.
Step 3: Dispute Resolution Appointment (DRA)
If issues remain unresolved, the case progresses to a DRA, where evidence and reports are reviewed.
Step 4: Final Hearing
If no agreement is reached, the matter proceeds to a final hearing. Both parties may be questioned, and the judge makes a binding decision enshrined in the Child Arrangements Order.
What the Judge Considers in a Child Arrangements Order
The welfare of the child is the court’s paramount consideration. The judge will consider:
- The wishes and feelings of the child
- The child’s physical, emotional, and educational needs
- Any risk of harm
- The child’s age, sex, background, and characteristics
- The capability of each parent to meet the child’s needs
- Whether making no order is better for the child
Related Orders in Children's Law
Alongside a Child Arrangements Order, you may also need:
Parental Responsibility Order – for parents/step-parents seeking legal responsibility.
Specific Issue Order – where parents cannot agree on a particular decision (e.g., schooling, medical treatment, relocation).
Prohibited Steps Order – preventing a parent from making certain decisions without consent (e.g., taking the child abroad).
How Our Child Arrangements Solicitors Can Help
At Premium Solicitors, our specialist children law solicitors provide expert legal advice and representation in all child law matters. We help parents, guardians, and grandparents with:
- Negotiating custody and contact agreements
- Representing you in mediation and court hearings
- Drafting and submitting court applications (Form C100)
- Preparing strong legal evidence and statements
- Advising on related applications (parental responsibility, specific issue or prohibited steps orders)
We understand that cases involving children are highly sensitive. Our goal is to protect your child’s welfare while helping you achieve a fair and workable solution.
Court Fees for a Child Arrangements Order
The family court fee for filing a Child Arrangements Order application is £263. Applicants on low income may qualify for a fee exemption or reduction.
How Much Do We Charge for a Child Arrangement Order?
Our fixed fees for various stages of the child arrangement order are given in the fee table below. The agreed fixed fee will depend on the volume of work involved in the case and the complexity of the matter. Please be advised that our fixed fee does not cover the Barrister's fees.
| Casework Stage | Fixed Fee Range (Acting For The Applicant) | Fixed Fee Range (Acting For The Respondent) |
|
From £1,000 + VAT to £1,500 + VAT | From £800 + VAT to £1,000 + VAT |
| Interim Hearing (if listed) | From £700 + VAT to £1,000 + VAT | From £600 + VAT to £1,000 + VAT |
| Fact Finding Hearing (if listed) | From £2,000 + VAT to £3,000 + VAT | From £2,000 + VAT to £3,000 + vat |
| Dispute Resolution Hearing / Early Final Hearing | From £2,000 + VAT to £3,000 + VAT | From £2,000 + VAT to £3,000 + VAT |
|
Final Hearing Preparation for Final Hearing, which includes the following:
|
From £3,000 + VAT to £4,000 | From £3,000 + VAT to £4,000 + VAT |
- Our child arrangements solicitors can act for your matter on an hourly rate basis with an hourly rate of £200 + VAT per hour in relation to your child arrangements order application.
FAQs - Child Arrangements Order
The following are various frequently asked questions (FAQs) about the child arrangements order application:
A Child Arrangements Order is a legally binding order made by the court under the Children Act 1989 that determines:
- Where a child will live, and/or
- How much time a child spends with each parent
It replaces the old terms “custody” and “access” in England and Wales.
You can apply if you are:
- A parent of the child
- A legal guardian
- A person named in an existing Child Arrangements Order
- A step-parent or relative (in some cases, with court permission)
If you are not automatically eligible, you may need to seek permission from the court before applying.
You should consider applying for a Child Arrangements Order when:
- You cannot agree on arrangements with the other parent
- There are disputes about where the child should live
- Contact with your child is being restricted or denied
- You are concerned about your child’s welfare
Yes, in most cases, you must attend a MIAM (Mediation Information and Assessment Meeting) before applying to court.
However, exemptions apply in situations such as:
- Domestic abuse
- Urgency (risk to the child)
- Previous mediation attempts
You must:
- Complete Form C100
- Attend a MIAM (unless exempt)
- Submit your application to the Family Court
- Pay the court fee
The court will then list your case for a hearing.
The timeframe varies depending on complexity, but typically:
- Simple cases: 8–16 weeks
- Complex or contested cases: several months
Delays can occur if additional reports (e.g. CAFCASS safeguarding checks) are required.
The court’s primary concern is the best interests of the child.
It considers:
The Court will consider the following:
- The primary consideration is to the welfare of any children;
- The wishes and feelings of the child concerned;
- 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 that 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 other relevant people) in meeting the child’s needs;
- The powers available to the court;
- The court will also consider if making no order is suitable in the circumstances.
Yes, fathers have equal rights to apply, whether married or unmarried.
If the father does not have parental responsibility, he can still apply and may obtain it through the court.
Yes, but grandparents usually need the court's permission before applying.
The court will consider the nature of the relationship with the child before granting permission.
It is not completely uncommon for grandparents to apply for a child arrangements order in order to see their grandchildren following the divorce or separation of their parents. Grandparents, however, need to go through an additional stage before they apply for a Child Arrangements Order. They need permission from the court to make an application for a Child Arrangements Order.
Once permission has been granted, a grandparent will then need to apply for a Child Arrangements Order. When applying for a Child Arrangements Order, a grandparent will need to show the family court that they have tried to resolve matters through mediation (or another form of alternative dispute resolution). If a grandparent has not already attended mediation, they must do so before making an application for a Child Arrangements Order. If mediation is unsuccessful or otherwise deemed unnecessary or unsuitable, the mediator will complete a “MIAM certificate,” which will enable a grandparent to proceed with an application for a Child Arrangements Order. Once an application is made to the family court for a Child Arrangements Order, a grandparent may be required to attend three hearings to finally determine the matter, unless suitable contact arrangements can be agreed in the meantime.
Generally speaking, there is no presumption in favour of grandparents to have contact with their grandchild(ren), however, Thorpe LJ in Re J (a child) [2002] EWCA Civ 1346 recognised the “valuable contributions” grandparents make. This has also been recognised by the government with proposed plans to introduce shared parental leave for grandparents.
- Lives with order: Determines where the child primarily resides
- Spends time with order: Sets out contact arrangements with the other parent
These can be shared or sole arrangements.
Yes, an order can be varied if circumstances change significantly, such as:
- Relocation
- Change in the child’s needs
- Concerns about safety or welfare
You must apply to the court to request a variation.
If the order is not followed, the court can:
- Issue a warning notice
- Impose fines or unpaid work requirements
- Order compensation for financial losses
- In serious cases, change the arrangements
Yes, in urgent situations (e.g. risk of harm or child abduction), you can apply for an emergency order without notice to the other party.
You are not legally required to have a family law solicitor for the child arrangements order, but expert legal advice is highly recommended, especially in contested or complex cases.
A family law solicitor can:
- Prepare your application
- Represent you in court
- Help negotiate a settlement
- Protect your parental rights
Costs include:
- Court fee (currently £263)
- Legal fees (if using a solicitor)
At Premium Solicitors, our family law solicitors offer:
- Fixed fee services
- One-off legal advice sessions
- Flexible payment options
The UK legal system does not use the term “full custody.” Instead, a “lives with” order may mean the child primarily lives with one parent, but the court generally encourages ongoing contact with both parents unless it is unsafe.
Yes, if both parents agree, the court can approve a consent order without a contested hearing. This is often quicker, less stressful, and more cost-effective.
A person named in the Child Arrangements Order as a person with whom the child is to live will have Parental Responsibility for the child while the Order remains in force. Where a person is named in the Child Arrangements Order as a person with whom the child is to spend time or otherwise have contact, but is not named in the Order as a person with whom the child is to live, the Family Court may also provide in the Order for that person to have Parental Responsibility for the child while the Order remains in force.
The Child Arrangements Order will last until the child is 16, or in some exceptional circumstances, until 18. If you reconcile with your ex-partner and move back in together, then the Child Arrangements Order will cease after you’ve lived together for six months.
A child cannot apply to the Family Court for a Child Arrangements Order.
Certain categories of people are entitled to make an application for a Child Arrangements Order under Section 8 without having to seek permission from the court first, and they are:
- the parent, guardian or special guardian of a child;
- any person who has parental responsibility;
- anyone who holds a residence order in respect of the child;
- any party to a marriage or civil partnership where the child is a child of the family;
- anyone with whom the child has lived for at least three years;
- anyone who has obtained the consent of:
- the local authority if the child is in their care; or
- everyone who has parental responsibility for the child.
Other people can apply to the court for permission to apply for a Child Arrangements Order. It is usually via this route that wider family members, such as grandparents, can apply for orders in respect of their grandchildren. In deciding whether to give permission, the court will take into account, among other things:
- the nature of the application;
- the applicant’s connection with the child; and
- there might be a risk that the proposed application would disrupt the child’s life to such an extent that they would be harmed by it.
A CAFCASS officer is a family court adviser from the Children and Family Court Advisory and Support Service (Cafcass). The court can ask CAFCASS to provide a report on your case to help decide what’s best for the child. The CAFCASS report is also known as the Section 7 report.
A CAFCASS officer will prepare this report after meeting with both parties and the child (alone where possible and only if the child has sufficient maturity and understanding). You’ll get a copy of the report when it’s written.
If your ex-partner is not following the Child Arrangements Order, you can apply to the Family Court for enforcement of the Order by using the application form C79 with the appropriate court fee. The court will look at the facts again to see if anything has changed.
If the court enforces the order
Depending on your situation and what you’ve asked the court to decide, they might make:
- an ‘enforcement order’ - this means your ex-partner has to do between 40 and 200 hours of unpaid work
- an ‘order for compensation for financial loss’ - this means your ex-partner has to pay back any money you’ve lost because they did not follow the order (for example, if you missed a holiday)
You can return to court if your ex-partner still does not comply with the court's order.
If the court does not enforce the order
The court might not enforce the existing order if they think that your ex-partner is not following it because:
- They have a good reason
- It’s better for your children to do something different
You can go back to the court if you do not agree with their decision or if your situation changes.
You can use application form C100 to apply to the family court to end (discharge) a Child Arrangements Order that’s not working, or is not relevant to you and your children any more.
If your order ends at a fixed time (‘time-limited’), you can make your own Child Arrangements Agreement afterwards without mutual consent and without involving the court.
There will normally be more than one court hearing for the Child Arrangements Order, and each hearing is slightly different. At the first hearing, the family court will focus on understanding the issues in dispute and working out the next steps before a decision is taken. The court will try to encourage the parties to resolve the matter by agreement. If this is the case, the court will convert the agreement into a consent order, and this will end the case.
If agreement cannot be reached and the case progresses, further court hearings may be required at which the court may consider evidence from CAFCASS and the more detailed facts of the case. This could include a Fact Finding Hearing, a Dispute Resolution Hearing, or a Review Hearing. It is usual for both parents to give evidence if the case proceeds to a Fact Finding Hearing. A significant amount of information will be gathered for a final hearing, and both parents will usually give evidence at that hearing, along with CAFCASS or other experts, if involved.
An Interim Child Arrangements Order is a temporary Order put in place, for example, to return the child to the care of one parent or to ensure some contact is taking place while further court hearings take place. An interim order is an order issued by a court during the pendency of litigation.
Parents do not always agree on child custody, especially after a contested divorce or difficult separation. A Child Arrangements Order provides clarity and legal certainty, ensuring the welfare of the child is prioritised.
Common reasons to apply include:
- Disputes over where the child should live
- A parent being denied access or contact
- Concerns about a child’s safety or well-being
- Grandparents or family members wishing to maintain contact
Mediation (MIAM): Before applying, most applicants must attend a Mediation Information and Assessment Meeting.
Application (Form C100): The formal process starts by submitting the C100 form to the family court.
First Hearing (FHDRA): The court, with CAFCASS's input, attempts to resolve disputes early.
Dispute Resolution Hearing: If issues remain, evidence and reports are reviewed.
Final Hearing: The judge issues a binding decision in the child's best interests.
At Premium Solicitors, our experienced family law solicitors:
- Provide clear legal advice tailored to your situation
- Assist with applications and court proceedings
- Offer fixed fee services for transparency
- Aim to resolve disputes efficiently and in the best interests of your child