What is a Child Arrangements Order?

When a relationship ends and children are involved, one of the biggest concerns is where the child will live and how much time they’ll spend time with each parent. This is where the Child Arrangements Order (CAO), a legal order made by the Family Court in England and Wales, comes into play. It sets out who the child lives with, who they see, and when. This court order supersedes the older residence orders and contact orders, shifting the focus from parental rights to the child’s best interests.

The aim of a CAO is simple: to protect the child’s welfare while giving parents or carers a clear framework for making day-to-day arrangements.

A CAO can apply to one or both parents, grandparents, or anyone the child has lived with for at least three years. Depending on the child’s needs, the order might include in-person visits, overnight stays, video calls, or supervised contact.

Who Can Apply?

Not everyone has automatic rights to apply for a Child Arrangements Order. The following people can apply without needing permission from the court:

• Biological or adoptive child’s parents
• Guardians or special guardians
• Step-parents with parental responsibility
• Anyone named in an existing CAO
• Individuals who’ve lived with the child for at least three out of the last five years

Others, such as grandparents or extended family, must first obtain the court’s permission. The court will consider their relationship with the child, the reason for the application, and its potential impact on the child.

Do You Have to Go to Court?

No. If both parents agree on the arrangements, there’s no need to go to court. Many families write up a parenting plan, which outlines how responsibilities will be shared. It’s not legally binding, but it works well if both parents continue to cooperate and communicate effectively.

However, if one parent stops following the agreement or blocks contact, the situation can break down. In that case, a CAO provides a legally binding solution. Before going to court, both parties are required to attend a Mediation Information and Assessment Meeting (MIAM), unless they qualify for an exemption.

What’s a MIAM?

A MIAM is a short, confidential meeting with a trained mediator. It’s designed to help you understand your options, especially mediation and decide whether it’s a suitable route.

In many cases, mediation is a faster, more cost-effective, and less stressful alternative to court. If you reach an agreement through mediation, you can put it in writing or apply for a consent order to make it legally binding.

That said, mediation may not be right for everyone. If there are concerns about abuse, safety, or if one party refuses to participate, you can move forward with a court application. You may also want to explore whether you meet the eligibility criteria for legal aid, especially if there’s been domestic abuse or if you’re on a low income. Legal aid can cover mediation, significantly reducing your costs.

What Happens When You Apply?

Here’s how the court process typically unfolds:

1. Application

You complete and submit Form C100. If there are concerns about harm or abuse, you also submit Form C1A.

2. Safeguarding Checks

Cafcass (Children and Family Court Advisory and Support Service) conducts background checks in collaboration with the police and social services. They may also contact the parents to assess any safeguarding issues.

3. First Hearing (FHDRA)

At the First Hearing Dispute Resolution Appointment, the court tries to help both parties reach an agreement. Cafcass attends, and the judge may issue temporary arrangements.

4. Directions and Evidence

If no agreement is reached, the court may ask for written statements or a Section 7 report from Cafcass. This report can include the child’s wishes, depending on their age and maturity.

5. Final Hearing

If needed, a final hearing is held. Both sides present evidence, and the judge decides based on what’s best for the child. This becomes the official, legally binding CAO.

How Long Does It Take?

It depends. Simple cases may be resolved in 3 to 6 months. More complicated ones, especially those involving multiple hearings or safeguarding concerns, can take 9 to 12 months or longer.

What About the Child’s View?

Children’s wishes are taken into account, especially if they’re over 9. Cafcass may speak with the child to understand their perspective. For younger children, the court takes a more nuanced approach. Still, the judge makes the final decision. They’ll weigh the child’s preferences against factors like safety, stability, education, and emotional well-being.

What if Someone Breaks the Order?

A child arrangements order is a legally binding document. If one parent doesn’t follow it and has no reasonable excuse, the other parent can apply to the court to enforce the order. The court might:

• Issue a formal warning
• Order unpaid work (up to 200 hours)
• Award compensation for financial loss
• Change the current arrangements
• In rare cases, order imprisonment for repeated breaches

The goal is to get things back on track, not to punish, but the court can act if necessary.

Can the Order Be Changed?

Yes. Circumstances change. If both parents agree, they can update the arrangements without needing to return to court. If they disagree, one of them can apply to vary the order. The court will again consider what’s best for the child.

Do You Need Legal Representation?

You don’t always need a solicitor. Many people manage straightforward cases on their own. But when emotions run high or the situation is complex, it’s wise to seek advice and support from a legal professional or a trained mediator. If you’re unsure where to start, a quick phone call to Family Law Mediation can help you understand your options and whether mediation is the right step.

How Much Does a CAO Cost?

The court application fee for a child arrangements order (Section 8 order) in the UK as of 2025 is £263. Other costs might include legal advice, mediation fees, or specialist reports. Mediation is usually less expensive than going to court and is often quicker as well. In a few cases, you may be eligible for legal aid, especially if there has been domestic abuse or a risk to the child. This can help cover legal advice and support, as well as mediation, which can help reduce your overall costs.

Need Help With Child Arrangements?

Child arrangements order offers clarity when parents separate. It sets out where the child will live, how often they’ll see the other parent, and how those visits are managed. But the court should be a last resort. Mediation offers families a better opportunity to reach an agreement on their terms, resulting in less conflict and greater control.

Family Law Mediation in the Midlands helps separating parents reach practical, child-focused agreements. We offer:

• A free initial consultation
• Weekend and evening sessions (subject to availability)

All sessions are held either at our offices or remotely via secure video conferencing platforms such as Zoom.

Email us at: info@familylawmediation.co.uk or call 0116 4422 989 to book your free consultation and arrange a phone call with a trained mediator.