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Child arrangements orders explained (England and Wales)

Updated 14 October 2026 · About 8 minutes to read · England and Wales

What is a child arrangements order?

A child arrangements order is a court order that sets out who a child lives with, who they spend time or have other contact with, and when. It's one of the orders under section 8 of the Children Act 1989. [1] In England and Wales it replaced the old "residence" and "contact" orders in 2014. [1]

To apply, you normally go to a MIAM first, then apply online or on form C100. The court fee is currently £270, and you may be able to get help with fees. GOV.UK says it usually takes around 10 months to get a court order. [2]

Section 8 also covers two related orders [1]:

• Prohibited steps order: stops a parent taking a particular step without the court's agreement, such as changing a child's school or taking them abroad.
• Specific issue order: settles one specific question, such as which school a child should attend.

Do you need one?

Many separated parents never need a court order. If you can agree, a written parenting plan is often enough, and you can change it together as your children grow. GOV.UK suggests trying to agree arrangements first, and using mediation if you can't. [2]

An order may make sense if you can't agree after trying, if arrangements keep breaking down, or if there are safety worries. If you've reached agreement and just want it made legally binding, you can ask the court to approve it as a consent order. [2]

Do I have to go to a MIAM first?

Usually, yes. Before applying you normally need to attend a Mediation Information and Assessment Meeting (MIAM) with a mediator accredited by the Family Mediation Council. If your ex doesn't attend, you can still apply. [3] GOV.UK says a MIAM usually costs around £120, and it's free if either of you qualifies for legal aid. A voucher worth up to £500 is usually available towards mediation itself, but not towards the MIAM. [3]

There are exemptions, for example if you have evidence of domestic abuse, the application is urgent, you're applying for a consent order, or you've been to a MIAM or tried another non-court option in the last four months. [2] Our guide to mediation, MIAMs and the voucher scheme explains more.

How to apply and what it costs

• Online: GOV.UK's C100 page recommends applying online to avoid delay. You can save your application and have 28 days to finish it. [2] [4]
• By post: use form C100 and send it to your local family court with the copies it asks for. [2] [4]
• Fee: £270. [2] Older websites may show lower figures, so always check GOV.UK.
• Help with fees: if you're on certain benefits or a low income and have limited savings, you may pay less or nothing. Apply online or on form EX160. If you've already paid, you can ask for a refund within 3 months if you were eligible. [5]

What happens after you apply?

Every case is different, but in England the steps often look like this:

1. Safeguarding checks. Cafcass (Cafcass Cymru in Wales) carries out checks, including with the police and local authority, and usually speaks to each parent by phone. It sends the court a safeguarding letter. [6] [7]
2. First hearing. Often called the FHDRA (first hearing dispute resolution appointment). The judge or magistrates look at what you agree on, what you don't, and whether your child is at risk. If you agree and there are no welfare concerns, the case can end there. [7] [8]
3. A parenting course. The court may order you both to take Planning Together for Children: free e-learning, then a small online group workshop. You will never be in the same workshop as your co-parent. In Wales, the equivalent is Working Together for Children. [9]
4. A report. The court may ask Cafcass for a section 7 report on your child's welfare. The adviser may ask your child about their wishes and feelings. [7] [10]
5. Fact-finding, if needed. If domestic abuse is alleged and disputed, the court must decide as soon as possible whether a fact-finding hearing is needed. [11]
6. Dispute resolution and final hearings. Once reports are ready, there's usually a hearing to try to resolve or narrow the issues, and if that fails, a final hearing where the court decides. [8]

Child Focused Courts

Some areas use a different model, formerly called Pathfinder courts and renamed Child Focused Courts in March 2026. Instead of several hearings, the court gathers information early, including a Child Impact Report from Cafcass, Cafcass Cymru or the local authority, and works more closely with agencies such as domestic abuse services. [12]

As of March 2026 it was running in 10 court areas, including all of Wales, Birmingham and the West Midlands, Dorset, Hampshire and the Isle of Wight, and West Yorkshire. It was due to launch during 2026 to 2027 in Northumbria and North Durham, Cleveland and South Durham, Lancashire, Cumbria, York and North Yorkshire, Cheshire and Merseyside, Northamptonshire, and Coventry and Warwickshire, then expand across England and Wales. [12] [13] Your court's letters will explain which process applies to you.

How does the court decide?

Your child's welfare is the court's paramount consideration. In contested cases it works through a welfare checklist, which includes your child's wishes and feelings (in light of their age and understanding), their needs, the likely effect of any change, any harm or risk of harm, and how capable each parent is of meeting their needs. [14]

The court also follows the "no order principle": it will only make an order if doing so would be better for the child than making no order at all. [14]

Parental responsibility

Parental responsibility (PR) is the legal rights and responsibilities a parent has. A birth mother has it automatically. A father or second parent generally has it if married to, or in a civil partnership with, the mother at the birth, or if they jointly registered the birth. [15]

If a child arrangements order says a child lives with a father who doesn't have PR, the court must also give him PR. If the order says the child spends time with him, the court must decide whether giving PR is appropriate. [16]

How long does an order last, and what if it's broken?

A section 8 order shouldn't normally last beyond a child's 16th birthday unless the circumstances are exceptional. That limit doesn't apply to the parts of a child arrangements order that only deal with who the child lives with and when, so those can continue until 18. [17] You can apply to change or end an order if circumstances change. [4]

If an order isn't followed, you can apply to enforce it on form C79. The fee is £270. The court can order unpaid work of 40 to 200 hours, or compensation for money you lost, such as a missed holiday. It may decide not to enforce if there was a good reason, or if a different arrangement would be better for the children. [18] Keeping a calm, dated record of what happened can help any adviser understand the situation.

Scotland and Northern Ireland

• Scotland: the court can make residence and contact orders under section 11 of the Children (Scotland) Act 1995. [19] mygov.scot has information on parenting plans and support after separation. [20]
• Northern Ireland: residence and contact orders (and prohibited steps and specific issue orders) are made under Article 8 of the Children (Northern Ireland) Order 1995. [21] nidirect explains the family courts and mediation options. [22]

If you're worried about safety: the National Domestic Abuse Helpline (Refuge) is free and open 24 hours on 0808 2000 247. [23] The Men's Advice Line (Respect) is free on 0808 801 0327, Monday to Friday, 10am to 5pm. [24] In an emergency, call 999. For more free help, see our guide to free help for separated parents.

Quick answers

Sources

1. Children Act 1989, section 8 (child arrangements orders and other orders): legislation.gov.uk
2. GOV.UK, Making child arrangements if you divorce or separate: apply for a court order: gov.uk
3. GOV.UK, Making child arrangements if you divorce or separate: mediation: gov.uk
4. GOV.UK, Form C100: apply for a court order to make arrangements for a child or resolve a dispute about their upbringing: gov.uk
5. GOV.UK, Get help paying court and tribunal fees: gov.uk
6. Cafcass, The family court adviser gives safeguarding advice to the court: safeguarding letter: cafcass.gov.uk
7. GOV.UK, Making child arrangements if you divorce or separate: after you apply for a court order: gov.uk
8. Cafcass, What happens in private law proceedings: cafcass.gov.uk
9. Cafcass, Help in Planning Together for Children: cafcass.gov.uk
10. Cafcass, Applications for a child arrangements order: cafcass.gov.uk
11. Ministry of Justice, Family Procedure Rules Practice Direction 12J: justice.gov.uk
12. Courts and Tribunals Judiciary, Judges welcome roll-out of Child Focused Courts (17 March 2026): judiciary.uk
13. GOV.UK, Children to get swifter justice as new family court approach expands nationally (17 March 2026): gov.uk
14. Children Act 1989, section 1 (welfare of the child): legislation.gov.uk
15. GOV.UK, Parental rights and responsibilities: who has parental responsibility: gov.uk
16. Children Act 1989, section 12 (child arrangements orders and parental responsibility): legislation.gov.uk
17. Children Act 1989, section 9 (restrictions on making section 8 orders): legislation.gov.uk
18. GOV.UK, Making child arrangements if you divorce or separate: change or enforce an order: gov.uk
19. Children (Scotland) Act 1995, section 11: legislation.gov.uk
20. mygov.scot, Support after separation: mygov.scot
21. Children (Northern Ireland) Order 1995, Article 8: legislation.gov.uk
22. nidirect, Attending family courts: nidirect.gov.uk
23. National Domestic Abuse Helpline (Refuge): nationaldahelpline.org.uk
24. Respect, Men's Advice Line: contact us: mensadviceline.org.uk

All sources checked on 12 October 2026.