What is a child arrangements order? A parent’s guide

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A child arrangements order is an order made by the family court in England and Wales that says who a child lives with, who they spend time with, and when. It is the order parents apply for when they cannot agree those things between themselves.

The law calls it a “child arrangements order”, with an s, and it replaced the old residence and contact orders in 2014. Most people still say “child arrangement order” or “custody”, and the court will understand you whichever you use.

This guide explains who can apply, what the court looks at, what the order can cover, what the process costs and how long it takes. It is written by a mediator, so it also says plainly where the process can be avoided.

Who can apply

Parents and other people with parental responsibility can generally apply. Other people, including some relatives, may need permission from the court; there are exceptions. If your right to apply is unclear, check the current C100 guidance or obtain legal advice.

The order can be made in favour of more than one person. A common order says the child lives with both parents, on a set pattern, rather than “living with” one and “spending time with” the other.

Before you apply: the MIAM

Before you can apply, you must normally attend a Mediation Information and Assessment Meeting, or MIAM. It is a private meeting with an accredited family mediator, about an hour long, that explains what mediation could do in your case and checks whether it is suitable.

A MIAM is normally required before a relevant application, but exemptions can apply, including in some domestic abuse, child protection and urgent cases. Evidence and the precise rules matter. Read the official application and exemption guidance. Mediation itself is voluntary and must be suitable and safe; do not delay urgent protection to arrange mediation.

If mediation cannot proceed or does not resolve the issues, the mediator can explain the applicable MIAM confirmation and your next options. A certificate is not a decision on the merits of a court application. If agreement is reached, a court order may not be necessary, but legal advice can help you decide whether formal protection is needed.

Making the application

The application is made on form C100, online or on paper. It asks about the children, both parents, what order you want and why, and whether there are any safeguarding concerns. If there is a risk of harm you also complete form C1A.

The court fee is £270, checked against GOV.UK on 1 October 2026. Help with Fees can reduce or remove it on a low income. The court forms page carries the current figure for every family court form. You do not need a solicitor to apply, though many people take advice before they do.

After an application, the court considers safeguarding and how the case should proceed. Cafcass in England or Cafcass Cymru in Wales may be involved. Procedure varies: Child Focused Courts, previously called Pathfinder, use a different approach from the traditional hearing sequence outlined below. Follow the directions for your court. See what happens after you apply.

The first hearing (FHDRA)

In the traditional Child Arrangements Programme, the First Hearing Dispute Resolution Appointment (FHDRA) is an early hearing where the court considers safeguarding, the issues and appropriate next steps. Whether a hearing is remote or in person is for the court to direct.

If agreement is reached, the court considers whether an order is appropriate for the child. Otherwise it may direct further evidence, a welfare report or a fact-finding hearing. Agreement does not remove the need for safeguarding checks.

The Dispute Resolution Appointment (DRA)

A Dispute Resolution Appointment may follow to consider the evidence and whether any issues can be resolved. A final hearing may be needed for remaining disputes. Not every case follows these stages or needs every hearing.

The final hearing

At a final hearing the court considers the evidence and decides the unresolved issues according to the child’s welfare. Directions govern how evidence and questioning take place, including protective arrangements where required. Court proceedings may be necessary; mediation is not an appropriate alternative in every case.

What the court considers

The child’s welfare comes first, above what either parent wants. The court works through the welfare checklist in the Children Act 1989:

• the child’s own wishes and feelings, given weight according to their age and understanding
• their physical, emotional and educational needs
• the likely effect of any change in their circumstances
• their age, sex, background and anything else relevant
• any harm they have suffered or are at risk of suffering
• how capable each parent is of meeting their needs
• the range of powers available to the court

The no-order principle is separate from the welfare checklist: the court should make an order only if doing so would be better for the child than making none. The child’s welfare and safety remain central. Parental involvement does not mean an automatic right to equal time. See section 1 of the Children Act 1989.

What the order can include

An order sets out who the child lives with and who they spend time with, and how. That can be as detailed as the two of you need: term-time and holiday patterns, handover arrangements, birthdays and religious festivals, phone and video calls, and contact with grandparents or siblings.

Two related orders under the same section of the Act deal with particular disputes. A specific issue order decides a single question, such as which school a child attends or whether they are brought up in a religion. A prohibited steps order stops a parent doing something, such as taking the child abroad or changing their surname.

What a child arrangements order costs

There are two costs, and they are very different sizes.

The application fee is £270, checked against GOV.UK on 1 October 2026. Help with Fees may reduce or remove it. Other applications or professional services can carry additional charges; check the current fee before applying.

Legal costs vary. Ask a legal adviser for a written estimate and what it includes. You can represent yourself, but may still incur court fees and other expenses. Legal aid or free legal support may be available depending on your circumstances.

Mediation costs: see our current fees for MIAMs, sessions and documents. The number of sessions depends on the issues and whether mediation remains suitable. Eligible cases may receive a voucher contribution of up to £500 towards mediation, not the MIAM. A parenting plan is not itself a legally binding court order.

Compare the options for your own situation rather than assuming mediation is always cheaper or sufficient. Urgency, safety, legal protection and the issues requiring a decision all matter.

How long it takes

Timescales vary with the court, safeguarding work, evidence and complexity. GOV.UK currently gives an indication of around ten months, not a deadline or a promise for an individual case. Check the current official guidance and follow your court’s directions. Urgent applications are considered separately.

Mediation timing depends on availability, suitability, the issues and both participants’ willingness to continue. An assessment does not guarantee agreement or remove the need for urgent legal advice.

How long an order lasts

The “lives with” part of an order lasts until the child is 18. The “spends time with” part normally ends at 16, unless the court says otherwise. If the parents live together again for a continuous period of more than six months, the order lapses.

Parents may agree practical changes, but an informal agreement does not make a new arrangement enforceable as a court order. Seek advice about formal variation or a consent order. See changing or enforcing an order.

The alternative: agreeing it yourselves

A parenting plan records agreed practical arrangements, but is not equivalent to an enforceable court order. You can seek legal advice about applying for a consent order. The court must consider welfare and safeguarding before approval; do not assume that a hearing will never be required.

Our page on child arrangements mediation explains how those sessions work, what they cover and what happens when parents are not on good terms. Where children are involved, the Government’s £500 mediation voucher can pay for a large part of it.

Questions people ask

Where to start

If mediation may be suitable, book a MIAM or ask us about the process. For a court application, check whether a MIAM is required or an exemption applies. Urgent or safeguarding concerns may require immediate legal advice or court action instead. We explain certification after assessing your circumstances; booking does not guarantee a certificate or court outcome.

Sources and review

Written by Tawhid ar-Rahman, family mediator. Legal-information wording reviewed against official guidance on 1 October 2026. This is general information, not individual legal advice.

• GOV.UK: applying for child-related orders
• Practice Direction 12J: domestic abuse and harm
• Child Focused Courts and changes to procedure