Child arrangement orders are the orders family courts make to determine where a child lives and who they spend time with. They replaced the old 'residence' and 'contact' orders in 2014 under reforms to the Children Act 1989, and they remain the primary mechanism for resolving disputes between parents about their children's living arrangements.
A 'lives with' order determines who the child lives with as their primary carer. A 'spends time with' order sets out when and how often the child spends time with the other parent. The court can also make specific issue orders (to resolve a particular disagreement, such as which school the child attends) and prohibited steps orders (to prevent a parent from taking a specific action without the court's permission).
Before applying to court, you're usually required to attend a Mediation Information and Assessment Meeting (MIAM). This is a session with a qualified mediator who will assess whether mediation could help you resolve the dispute without going to court. There are exemptions — for example, if there are allegations of domestic abuse or if the matter is urgent.
If mediation is not appropriate or doesn't resolve the dispute, you can apply to the court for a child arrangement order using Form C100. The application fee is currently £232 (2026), although fee exemptions are available if you're on a low income or receiving certain benefits.
When deciding what orders to make, the court applies the welfare checklist set out in Section 1(3) of the Children Act 1989. This includes the child's physical, emotional, and educational needs; the likely effect of any change in circumstances; the child's age, sex, background, and characteristics; any harm the child has suffered or is at risk of suffering; how capable each parent is of meeting the child's needs; and the range of powers available to the court.
The court will also consider the child's own wishes and feelings, given their age and understanding. For children over about 10, their views carry significant weight — although the court is not bound by them.
CAFCASS (the Children and Family Court Advisory and Support Service) plays an important role in many cases. A CAFCASS officer may be asked to prepare a safeguarding letter (which checks police and social services records) and, in more complex cases, a Section 7 report — a detailed assessment of the child's welfare and the family's circumstances.
The court process typically involves several hearings: a First Hearing Dispute Resolution Appointment (FHDRA), where the judge tries to help the parents reach an agreement; if no agreement is reached, a Dispute Resolution Appointment (DRA); and if the case still can't be resolved, a final hearing where the judge hears evidence and makes a decision.
At Castle Family Legal, our McKenzie Friend and advocacy service supports parents through every stage of the child arrangement order process. We help you prepare your application, draft position statements, organise your court bundle, and provide in-court support at every hearing. Contact us for a confidential, no-obligation discussion.
