When separated parents can’t agree on where their child will live or how much time they’ll spend with each parent, a Child Arrangement Order might be the best way forward. These orders are issued by the family court and provide legally binding arrangements that prioritise the child’s wellbeing. But what does the process actually involve and what should you expect? Here’s a clear breakdown of the steps involved, written to help you feel informed and in control.

What is a Child Arrangement Order?

A Child Arrangement Order sets out practical arrangements for a child’s care, including:

• Where they live
• How often they see each parent
• Any details around supervised visits, special occasions or travel

The order replaces what used to be called contact or residence orders and is made in line with the child’s best interests.

Is court always necessary?

No. In fact, the court expects parents to try mediation first. A Mediation Information and Assessment Meeting (MIAM) is usually required before applying. If an agreement is reached through mediation, it can be made legally binding with a consent order, saving time, stress and cost. If that’s not possible, applying to court for a Child Arrangement Order is the next step.

What does the court process involve?

1. Application (Form C100)

To start, you’ll need to complete Form C100 and submit it to your local family court. You’ll also need to show that you’ve attended a MIAM or explain why you’re exempt (for example, in cases involving domestic abuse).

2. Safeguarding checks

CAFCASS (Children and Family Court Advisory and Support Service) steps in at this point. They speak with both parents, check for any safeguarding issues and provide an initial report to the court. You won’t be judged—they’re focused on safety and welfare.

3. First hearing (FHDRA)

This is your first court appointment. Both parents attend and a CAFCASS officer is usually there too. The aim is to encourage agreement where possible. If you do reach an agreement, the court can turn it into a binding order on the day. If you can’t agree, the court will outline next steps, which might include gathering further evidence.

4. Directions and further hearings

Depending on the case, the court may ask for:

• A Section 7 report from CAFCASS
• Statements from both parties
• Fact-finding hearings are held if serious allegations are made
• Reports from schools or professionals involved in the child’s care

This stage helps the court build a full picture before making a decision.

5. Final hearing

If agreement hasn’t been reached, the court holds a final hearing. Each parent presents their case and the judge makes a decision. The final Child Arrangement Order is legally binding.

How long does the process take?

It varies. A straightforward case may be resolved in three to four months. If the case involves multiple hearings or safeguarding concerns, it could take considerably longer.

What if someone doesn’t follow the order?

You can apply to the court to enforce the order. The court takes breaches seriously and has a range of powers, from imposing conditions to, in rare cases, issuing fines or penalties.

Can the order be changed?

Yes. If your situation changes, such as moving house or changing working hours, you can apply to vary the order. Mediation is again encouraged before returning to court.

What does the court consider when making an order?

The judge’s decision is guided by the Children Act 1989 and a framework known as the welfare checklist. Key factors include:

• The child’s age, needs and wishes (if appropriate)
• The effect of any changes
• The capacity of each parent to meet the child’s needs
• Any risk of harm or concerns around safety

The court’s priority is always the child’s well-being, not what either parent wants.

A clear way forward for families

Applying for a Child Arrangement Order isn’t just about legal forms or courtrooms—it’s about giving your child a stable and secure future. While the process can be challenging, knowing what to expect can help you feel more prepared and confident. At Family Law Mediation, we’re here to support you at every stage. From mediation to advice on court applications, we help parents find clear, workable solutions that put children first. Contact Family Law Mediation today to find out how we can help you navigate the process and move forward with clarity and care.