Child Arrangements Orders

A Child Arrangements Order under Section 8 of the Children Act 1989 can regulate two aspects of a child's life:

"Lives with" orders determine where the child lives. A child can live with one parent (sole "lives with") or with both parents in different proportions (shared "lives with"). Living with someone under a court order has important legal consequences — the person a child lives with under an order automatically has parental responsibility.

"Spends time with" or "has contact with" orders set out the arrangements for time spent with the other parent or person. This can specify:

• Regular day-to-day contact (for example, alternate weekends and one midweek evening)
• Holiday and special occasion arrangements
• Indirect contact (letters, cards, phone calls, video calls) where direct contact is not appropriate
• Supervised or supported contact in a contact centre where there are safety concerns

In addition to Child Arrangements Orders, the court can make:

• Prohibited Steps Orders — preventing a person from taking a specific step (for example, removing a child from the country or school without consent)
• Specific Issue Orders — resolving a dispute about a specific aspect of parental responsibility (for example, which school a child attends or whether they have a particular medical procedure)

Before applying to the family court for a Child Arrangements Order or related order, you must attend a Mediation Information and Assessment Meeting (MIAM). This is a meeting with a family mediator who will explain what mediation involves and assess whether it is suitable for your situation.

The MIAM requirement is designed to encourage parents to resolve disputes without court proceedings. Family mediation is a process in which a trained, neutral mediator helps parents discuss and hopefully agree arrangements for their children.

MIAM exemptions: You do not need to attend a MIAM if:

• There is evidence of domestic abuse (this is the most commonly used exemption)
• There is an emergency requiring an immediate court order (such as a child at risk of abduction or significant harm)
• One party is the subject of child protection procedures
• The other party cannot be located
• You have previously attended a MIAM in the last four months
• One of the parties is in prison or a psychiatric institution

Legal aid is available for mediation (subject to means testing) and for legal advice from a solicitor around mediation (the "Help with Mediation" scheme). Even if court proceedings are needed, mediation can continue alongside them.

If mediation is not possible or has not resolved matters, you can apply to the family court for a Child Arrangements Order using Form C100. You will need to complete the form, attach the MIAM certificate or exemption evidence, and pay the court fee (currently £232).

The typical progression through the family court is:

1. First Hearing Dispute Resolution Appointment (FHDRA): Both parties attend a preliminary hearing, usually with a CAFCASS officer present. The judge identifies the issues, considers whether safeguarding checks are needed, and explores whether agreement can be reached.
2. CAFCASS report: In contested cases, the court may direct CAFCASS (Children and Family Court Advisory and Support Service) to prepare a Section 7 welfare report. A CAFCASS officer will speak to each parent and, depending on their age and maturity, to the child. This report takes several months to complete.
3. Dispute Resolution Appointment (DRA): A further hearing to review the CAFCASS report and attempt to reach agreement. Many cases resolve at this stage.
4. Final hearing: If no agreement is reached, the case proceeds to a final hearing where the judge hears evidence and makes an order. This is the most expensive and time-consuming stage.

Throughout the process the court can make interim orders setting out arrangements while the case is ongoing. In urgent cases the court can make orders the same day without the other party being present (ex parte or without notice).

The Children Act 1989 states that the child's welfare is the court's paramount consideration. The court must have regard to the welfare checklist, which includes:

• The ascertainable wishes and feelings of the child (considered in light of their age and understanding)
• The child's physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child's age, sex, background, and any other characteristics the court considers relevant
• Any harm the child has suffered or is at risk of suffering
• The capability of each parent (and any other relevant person) to meet the child's needs
• The range of powers available to the court under the Children Act

The court has a general presumption that the involvement of both parents in a child's life will further the child's welfare, unless there is evidence that it would not. This does not mean equal time — it means a meaningful relationship with both parents unless this conflicts with the child's safety or welfare.

Where there are allegations of domestic abuse, the court must follow the Practice Direction 12J, which requires findings of fact about the alleged abuse and consideration of its impact on arrangements. Legal advice is essential in cases involving domestic abuse.