A Child Arrangement Order is a powerful but common type of order made by the family courts which makes decisions about who a child should live with and what that child’s relationship with other important people should look like. This article will empower you with the knowledge needed to navigate this complex terrain with confidence.
A Child Arrangements Order is a type of court order which makes decisions about children, most commonly which of their parents they should live with and if, and how often, they should see their other parent.
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What is a Child Arrangement Order?
A Child Arrangement Order can be very flexible, they can say that a child lives with one particular parent and spends time with the other or that they share their time between both parents. If a child lives with only one of their parents the order can make decisions about the child’s relationship with the parent they don’t live with, such as whether the child should stay at their house overnight or just spend time together during the day and it might describe how the parents exchange the child.
If one parent needs time to build up trust or if it is required to ensure a child’s safety the contact they have with a child might be supervised by someone else or be ‘indirect contact‘ which might mean they cannot physically see their child but can send them letters, birthday cards, talk on the phone or play online gaming with them. If it is absolutely necessary to protect them a Child Arrangement Order may also say that there should be no contact with a parent at all, although this is generally considered unusual.
Importantly a Child Arrangement Order may also say that a child lives with more than one parent to establish shared care and this may be the case even though they may spend more time at one particular parent’s home because, for example, one parent is deployed in the armed forces or works away from home. This type of court order can also establish a shared care arrangement between parents even where the parents live a long distance apart to recognise both parents equal status to their child despite the fact that the time spent with each parent is not equal.
The wording of a Child Arrangements Order can be as generic or specific as it needs to be to ensure the best outcome for the child. For two parents who are capable of child-focused conversation, it can simply provide them with a sensible structure to work within and allow them to sort out the fine detail between them or conversely, it can be highly prescriptive and ensure handovers of children occur in a specific supermarket car park at 10 am every other Sunday facilitated by the paternal grandmother. The courts want parents to agree as much as possible as this will always result in a better outcome for a child in the long term but if one or both parents are incapable of doing so the court can essentially micro-manage their relationship through the order to ensure the child is protected from their feud.
Who can apply for a Child Arrangement Order?
There are two categories of people who can apply for a Child Arrangement Order;
- those who have an automatic right to apply; and
- those people need a court’s permission first, i.e. everyone else.
So how do you know which you are?
In general terms, a child’s parents can always apply and that right is irrelevant to any issues surrounding parental responsibility. A child’s step-parent, any appointed guardian or anyone with whom the child has lived for three of the last five years including the three months prior to the making of the application may also apply as of right.
Notably, a grandparent has no automatic right to apply for a Child Arrangement Order for their grandchild and they, like everyone else, may only apply for a court order if they have either the consent of every other person who holds parental responsibility for the child or failing that, with the permission of the court.
The full list of those who may apply for a Child Arrangements Order without permission from the court is below:-
- Any parent (irrelevant of parental responsibility), guardian or special guardian of the child;
- Anyone who has parental responsibility for the child;
- Anyone who is named in a Child Arrangement Order that is currently in force as the person with whom the child lives;
- Anyone who was a party to a marriage or civil partnership, whether still in force or not, in relation to which the child is a child of the family – this allows step-parents to apply as of right;
- Anyone with whom the child has lived for a period of 3 years within the past 5 years (must include the last 3 months);
- Anyone who has the consent of the person named in a Child Arrangement Order as the person with whom the child lives;
- If the child is in the care of a local authority any person with the permission of that authority; and
- In every other case a person who has the consent of every person with parental responsibility for the child.
Anyone who doesn’t fall within one of the above must ask the court for permission to apply.
How do I ask for permission to apply for a Child Arrangement Order?
The application form which is used to apply for a Child Arrangements Order asks whether the applicant is entitled to apply or if they require permission and it is as simple as ticking the box stating you need permission and are asking for it in the application.
You must then fill out Form C2 to accompany your application form. This form is the application to join or leave existing proceedings or to request permission to apply.
You can find both these forms online at www.gov.uk by searching for the form reference., “C100 application” to apply for the order and “Form C2” to ask the court for its permission to make that application.
In deciding whether the application should be allowed the court will consider what the person is applying for, how that might affect the child and the nature of their connection to the child. If the child is in the care of a local authority the court will also consider any plans the local authority has for the child’s future and the wishes and feelings of the child’s parents.
How long does a Child Arrangement Order last?
A Child Arrangements Order which states who a child lives with will last until that child reaches 18 years old unless the order says otherwise or is varied or discharged before then. Any provision within a Child Arrangements Order for a child to spend time with another person typically expires when the child reaches 16 when a child is considered capable of making their own choices, although that can be extended to the age of 18.
A court may, of course, vary an order or may otherwise discharge it as it wishes. So a Child Arrangements Order isn’t a permanent court order but it does last until the child reaches adulthood or is capable of making their own decisions.
A court cannot make a Child Arrangement Order for a child if the child is over the age of 16.
How do I apply for a Child Arrangement Order?
You can apply for a Child Arrangement Order by filling out the C100 application form which can be found online at www.gov.uk (link opens in a new window). However, it is not as simple as just filling out the form and sending it off.
Before you can submit your application you will need to provide evidence that you have sought help to try to resolve your dispute without needing to go to court.
This means you need to have attended a special type of meeting called a Mediation Information and Assessment Meeting, often referred to as a MIAM.
During your MIAM a mediator will talk through what you are trying to achieve and give you information about mediation and other forms of dispute resolution including how it works, how it can be funded and what its outputs might be. They will help you decide if mediation is likely to help you resolve your dispute without going to court. They will also assess your circumstances to ensure mediation is right for you. If, for example, domestic violence is a factor, then your case will not be considered suitable for mediation.
The other parent will be encouraged to also attend a MIAM although you do not need to attend together. Attendance at a MIAM is mandatory unless you are exempt. We have detailed guidance on the family court mediation process and MIAMs where you can find out what they are, what happens at them and the various exemptions which may might apply to your situation.
If an exemption applies, or mediation fails for any other reason, you may then proceed straight to court by submitting your application. When you submit your application you can include with it any parenting plan you have been using or attempting to agree with the other party.
You can apply for a Child Arrangements Order either online, by emailing your completed digital form to your nearest family court, or by using a paper copy application form. If you apply using the paper copy form you must submit your application form and three duplicate copies to your nearest family court.
Your application will always be handled initially by the family court nearest to the address where the child lives or spends most of their time, although the court may hear your application in a range of venues. For example, if you live in Kent, your application could be heard in any court in that area, be that Gravesend, Dartford, or even Chelmsford for example. This is to speed things up and to take advantage of any court with the capacity to hear your case. The family court retains a mix of in-person and remote hearings to make this as easy as possible for the parties.
Once you have attended a MIAM (or confirmed an exemption applies), prepared and completed your application form you can submit your application.
Irrelevant of how you applied the court will validate your application then contact you to take payment if you have not paid online. If you choose not to apply online you must wait for the court to contact you shortly after you submit your application to collect payment. If you are on a low income you may be able to get help with paying the application fee.
Once your application has been submitted, and you have paid the court application fee, the court will write to you letting you know when your first hearing will be. They will also send a copy of your application to the other parties along with a form which allows them to provide an initial response to your application.
Our Top Tips when applying for a Child Arrangement Order
Have a plan! – When you go to court understand why what you are asking for is the best thing for your child and consider and rule out the alternatives. Don’t just say you want them to live with you, say you want them to live with you and this is what their relationship with the other parent looks like and this is why that is in their best interests. This can be as simple as an idea in your head or a comprehensive formal parenting plan.
Work with Cafcass – Ignore the horror stories, Cafcass are the voice of your child in court and are highly influential. Be open, honest and work with them, not against them. If you lie or try to downplay things that you think will work against you they will know. Its better to acknowledge your faults and be honest, they will trust you more for it.
Stay child focused at all times! – don’t say “I want X, Y and Z“, say “what my child needs is X, Y and Z“
Be open to mediation however much you hate the idea of talking to you ex, you are the two people best placed in this world to make decisions about your child.
Don’t be one of those people who hates their ex more than they love their child, those who make decisions about children have seen it a thousand times, its glaringly obvious and they don’t like it. Be there to promote the best interests of your child, not to ‘win’ or for your ex to ‘lose’.
How much does a Child Arrangements Order cost?
The current fee for applying for a Child Arrangements Order is £235. If you are on a low income you may be eligible for help to pay this fee. You might also be eligable for legal aid although your income is not the only criteria used to access public funding. There are also schemes which can help with funding the cost of your MIAM and any subsequent mediation. It is however increasingly difficult for people to be able access financial support which will provide legal representation in court.
You can check online to find out if you’re eligible for legal aid (opens in a new tab).
What happens after you apply for a Child Arrangements Order?
After you submit your application it will go through a validation process which will check your application has been completed correctly and decide if you have provided sufficient information for your application to proceed. If not your application may be returned for correction or to request you provide further information which will delay the processing of your application so it is important to get this right.
If it passes validation checks a judge or legal adviser will look at your application and decide what level of judge (Magistrates or a District Judge) will deal with it and may issue instructions, called directions if they think they are needed. The court will arrange a date for the first hearing, called a First Hearing and Dispute Resolution Appointment (FHDRA). This is meant to be not less than 4 weeks, and no more than 6 weeks, from receipt of your application, however most courts have significant backlogs of applications so these timescales can vary or be prioritised based on urgency.
You will be sent a letter, called a listings letter, or “Notice of Hearing” which will tell you the date, time, expected duration, allocation and location of your first hearing. Letters from the court will refer to you as the ‘Applicant’ and the person or people you have the dispute with will be the ‘Respondent(s)’.
On the day you get your notice of hearing letter the respondent should also receive their copy of your application form, the notice of hearing letter and an acknowledgement form which allows them to tell the court whether or not they will be opposing your application, to provide details of any legal representation they choose to have and requesting any addittional needs they require to be accommodated (such as a hearing loop or wheelchair ramp).
They will also be given a copy of the C1A form which will allow them to either respond to any allegations you have made in your application or to make their own allegations against you.
A respondent will generally have 14 days to send their response to you application back to the court, if they do not send the forms back in time the court can proceed without this information.
The court will then send a copy of your application, any response to the application and the notice of hearing to an organisation called Cafcass (or Cafcass Cymru in Wales). Cafcass stands for “Children and Family Court Advisory and Support Service”. Cafcass will contact you and any respondent before the first hearing.
Who are Cafcass and what do they do?
Cafcass stands for ‘Children and Family Court Advisory and Support Service’, they act as the voice of your child in family court proceedings and they make recommendations to the court about what it might like to consider doing to best promote the welfare of your child.
When you apply to the court for a Child Arrangement Order they are sent a copy of your application and any response to that application sent by the respondent. Cafcass can attend your first hearing if they feel it necessary to present their report, called the ‘safeguarding letter’ to the court which will set out its recommendations. The court does not have to follow the Cafcass recommendations but Cafcass are highly influential in the courts thinking.
Before the first hearing Cafcass will contact you and ask you to provide your contact details and tell you they want to speak to you, normally giving you a date and time they will ring you to talk about the application.
Cafcass will contact your via their secure messaging service, called Egress, which can be easy to miss, or be mistaken as spam, so be on the lookout for it. If you cannot make that date and time for your telephone interview it is your responsibility to contact them to change it, they are unlikely to ring again if you miss them and may instead report to the court they were unable to establish your views. It is very important that you speak to Cafcass.
When you speak to them they will ask you questions to help them decide what their recommendations will be. Their questions will be focused on child safeguarding so they will ask you things like ‘do have any concerns about the other parent that you didn’t mention in your application already?‘ etc. They may well appear to be very blunt and factual with you because their only role is the welfare of your child.
Before they write their report they will also contact the police to check if either of you have a police record and with the local authority to establish whether or not your family is known to Social Services. If they find anything of relevance to the application they will want to talk about that during your telephone interview.
Normally you will receive a copy of the Safeguarding Letter about a week before your first hearing. This allows you to read a summary of what everyone has said to Cafcass, what information they have found that they think is relevant and what their recommendations are going to be.
You should go to court having read this report carefully and knowing whether you agree with those recommendations or not. It is not uncommon not to get the report before the first hearing however. This can be for many reasons, normally that Cafcass were not able to prepare the report in time, which may mean Cafcass will present their report verbally or your first hearing may be adjourned until they can prepare it, or because one of you has made allegations of harm against the other during the interview and the report is being withheld until the court has considered what has been said.
Cafcass might not be involved in your case after the first hearing, it depends what is decided there and what issues are raised. If it feels it is necessary the court can re-involve Cafcass for further reports.
How long does a Child Arrangement Order take?
Applications for a Child Arrangements Order must be determined within 26 weeks (6 months) as a maximum limit. Internal judicial guidance states that the first hearing must be held at the earliest within 4 weeks (to allow sufficient notice for the respondent) and no later than 6 weeks from the date the application was issued, although this can vary depending on how busy your local courts are.
After this point, the timescale will vary depending on the simplicity or complexity of your case, the number and type of hearings required and how busy your particular court is.
It should be anticipated that any hearing requiring Cafcass reports would typically require a 6-12 week lead time and in very general terms most people who apply for a Child Arrangements Order might expect a final order inside 6 months.
However some cases cannot wait that long and so it is possible to apply for an urgent hearing and the allocation and gatekeeping process may elevate an application to an urgent application even if one is not applied for.
The reasons for an urgent hearing are limited and relate to concerns such as the risk to life or of injury of a child or the removal of a child from the UK. An urgent hearing can be expected to be heard within 5-14 days from the date of issue again depending on how urgent the court feels your application is.
My ex has applied for a Child Arrangement Order - What should I do?
You may already be aware that your child’s other parent intends to apply for a Child Arrangement Order in respect of your child and if they do you will likely first hear about this when you are contacted by a mediator asking you to get in touch with them to arrange your attending a Mediation Information Assessment Meeting (MIAM).
If the other parent claims an exemption applies however you may only receive the information supplied by a court when the application is issued.
Either way, when the court contacts you it will likely send you the following documents: –
- A copy of the C100 application form – this is the form the other parent completed and sent to the court.
- A copy of the C1A form – this form is used to provide supplemental information when applying for a Child Arrangement Order. This would usually mean your child’s other parent is alleging that they or their child have suffered or are at risk of suffering harm.
- A blank C1A form – to either respond to allegations made by the applicant or to tell the court if you or your child have suffered or are at risk of suffering harm.
- The Notice of Hearing – This letter tells you what has been applied for, who by and will tell you the date, time and location of your first hearing along with the case number.
- Form C7 – The acknowledgement form which allows you to tell the court whether or not you oppose the application, whether or not you have a solicitor, whether there is any risk of harm to you or your child and to let the court know if you have any special requirements such as needing an interpreter or wheelchair access.
- Information Booklet CB7 – A booklet which provides you with basic information about the court process and what to expect in court.
You should complete the C7 Acknowledgement form and if you are alleging a risk of harm the C1A form and make copies for yourself and return the rest as directed.
It would be a good idea to buy a folder to keep a copy of all the information you were sent and the forms you sent back together for your records and to give to your solicitor if you can afford one. You should expect to be contacted by Cafcass within two weeks from the date you received this information to arrange a date and time for them to ring you to carry out your telephone interview and you should keep your eye on your junk or spam folder to ensure you do not miss their automated emails to you.
Aside from returning the forms within 14 days, making sure you speak to Cafcass and reading their report later on there is not much you need to do before the first hearing date.
You should use this time to explore your options for legal support, thinking about whether you want to represent yourself or not and speaking to local solicitors, charities and other organisations to understand their costs so you decide whether this is something you can afford or want to pursue. We provide a free hours consultation for this purpose.
You could also check your eligibility for legal aid (opens in a new tab) to see if you qualify. Unless you intend and are happy to manage proceedings yourself it is best to decide on the level of support you want now and to get it in place as early in the process as you can to ensure you are always presenting your side of things in the best possible light at every stage.
The court’s powers to make any order it wishes
You may have been told already, but if not we will state it plainly…..court should be a last resort.
The main reason for this is due to the court’s power to make any order it sees fit of its own volition. This means that if you apply for an order that does one thing the court may make an order for something else entirely. It is not a case of you apply for one thing and you either get that or you don’t.
It is essential for parents to understand that there is one fundamental consideration for the court which is absolutely over-riding. It would be a terrible mistake for any parent to go to court and expect to ‘win’ because they were right or had been treated badly and their ex was ‘wrong’ and should be punished.
What any parent needs to understand is the court does not care if your ex cheated on you, it doesn’t care about the endless stream of text messages you have showing how horribly they speak to you or what their sister said to you or how many new partners they have had since you split up. The court isn’t going to visibly frown on your ex if they haven’t paid maintenance for the past 6 months or make them pay it in the future, even if it secretly agrees with you that they should.
The court ONLY cares about what is best for your child and generally, that means a meaningful relationship with both parents if it is safe to do so. This is enshrined in statute by the very first sentence of the Children Act 1989 which states:-
”The child’s welfare shall be the court’s paramount consideration”
Any decision the court makes is therefore going to be based solely on what it thinks is the best outcome for your child irrelevant of what you have applied for.
The Children Act 1989 lists a number of issues which are at the forefront of the court’s mind at all times. These are: –
The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding) including;
- his physical, emotional and educational needs;
- the likely effect on him of any change in his circumstances;
- his age, sex, background and any characteristics of his which the court considers relevant;
- any harm which he has suffered or is at risk of suffering;
- how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
- the range of powers available to the court under this Act in the proceedings in question.
This list is called the ‘Welfare Checklist’ and they guide the court in making any decision about your child.
The court will also consider what is called the ‘no order principle’ which is to say that a court will not make an order unless it considers that doing so would be better for the child than making no order at all.
The message here is that if you go to court because you can’t agree with your child’s other parent then you might leave with a result that neither of you wants. The courts power to act of its own volition means that if you apply for a court order saying your child spends every other Sunday with their other parent you may walk out of court with an order saying your child now lives with their other parent and spends time with you every Wednesday teatime if that is what the court thinks is in the child’s best interests.