Types of Child Arrangements Orders

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Child Arrangements Orders can take different forms depending on the circumstances of each family.

In many cases the court will make a “Lives With” Order, which confirms that the child lives primarily with one parent while spending time with the other parent.

In some situations the court may determine that a shared care arrangement is appropriate. This does not necessarily mean the child spends exactly equal time with each parent, but rather that both parents share responsibility for the child’s day-to-day care and the child spends substantial time in both households.

The court’s aim is not to determine “winners” or “losers”, but to create arrangements that support the child’s stability, emotional wellbeing and ongoing relationships with both parents where it is safe and appropriate.

 

 

Before Applying to Court

 

Before making an application to the court, parents are normally expected to consider mediation. This begins with attending a Mediation Information and Assessment Meeting (MIAM) with an accredited mediator. The purpose of this meeting is to explore whether agreement can be reached without court proceedings.

There are some situations where mediation is not required, for example where there are concerns about domestic abuse, safeguarding issues or where the case is urgent.

If agreement cannot be reached through mediation or discussion, a parent can make an application to the Family Court.

 

 

Making an Application

 

An application for a Child Arrangements Order is made using Form C100. This asks the court to determine important aspects of the child’s arrangements, including where the child will live, how much time they will spend with each parent, and how contact will take place.

The current court fee for submitting an application is £263, although some individuals may qualify for reduced fees through the Help With Fees scheme.

 

 

What Happens After the Application Is Made

 

Once the application has been issued, the case will normally follow several stages.

Shortly after the application is filed, CAFCASS (Children and Family Court Advisory and Support Service) will carry out safeguarding checks. This usually involves checks with the police and social services, as well as a short telephone conversation with each parent. CAFCASS then prepares a safeguarding letter for the court highlighting any immediate concerns.

The first court hearing is known as a First Hearing Dispute Resolution Appointment (FHDRA). At this stage the court will review the safeguarding information, identify the key issues in dispute and explore whether agreement can be reached between the parents. Many cases are resolved at this stage if agreement is possible.

If agreement cannot be reached, the court may give further directions. This can include ordering a CAFCASS report, requesting additional statements or evidence, or directing parents to attend parenting programmes designed to support communication and cooperation. Interim arrangements for the child may also be made while the case continues.

Where matters remain unresolved, the case may proceed to a Final Hearing, where a judge will hear evidence and make a decision about the arrangements that best serve the child’s welfare.

 

 

Domestic Abuse and Safeguarding Concerns

 

Where concerns are raised about domestic abuse or risks to a child, the court must consider these carefully before making decisions about contact arrangements.

Allegations of harm are usually set out in a C1A form, which accompanies the main court application. If allegations are disputed, the court may hold a fact-finding hearing to determine whether the incidents occurred.

In these cases the court follows specific guidance known as Practice Direction 12J, which ensures that arrangements for children are safe and that any risk to a child or parent is carefully assessed before contact is ordered.

 

 

How the Court Makes Decisions

 

When deciding arrangements for children, the court applies the Welfare Checklist set out in the Children Act 1989. This requires the judge to consider a range of factors, including the child’s needs, the likely effect of any changes to their circumstances, the wishes of the child depending on their age and understanding, and each parent’s ability to meet the child’s needs.

The aim is always to reach arrangements that support the child’s stability, safety and overall wellbeing.

 

 

Timescales

 

The length of a Child Arrangements case can vary depending on the issues involved. Some cases are resolved at the first hearing if agreement can be reached, while others may take longer where reports or further evidence are required.

In general, proceedings may take between six and twelve months, although this can vary depending on the complexity of the case and the court’s availability.

 

 

Support During the Process

 

Family court proceedings can feel unfamiliar and emotionally challenging, particularly for parents who are representing themselves.

As a McKenzie Friend, I provide practical support to help you navigate the process with greater clarity and confidence. This may include assistance with preparing court documents, organising evidence, drafting position statements and helping you understand what to expect at each stage of proceedings.

While I do not provide legal advice or representation, many clients find that having structured guidance and calm support makes the process far more manageable.

 

 

If You Would Like to Talk Things Through

 

If you are facing difficulties agreeing arrangements for your children, or preparing for court proceedings, you may find it helpful to discuss your situation in a calm and confidential setting.

You can arrange an introductory call to talk through your circumstances and consider the practical steps available to you.