How long does it take to get a child arrangements order?

Applications are made on Form C100 with a court fee of £270, attaching either a MIAM certificate or evidence of an exemption. What follows depends almost entirely on whether the case is agreed, and on whether CAFCASS is asked to report.

The stages

1. First Hearing Dispute Resolution Appointment. A CAFCASS officer is usually present, having already carried out safeguarding checks with police and social care. The judge identifies the issues and explores agreement. A good number of cases settle here.
2. Section 7 report. In contested cases the court may direct CAFCASS to prepare a welfare report. The officer interviews both parents, speaks to the child depending on age and maturity, and may contact schools or other professionals. This is what adds months to the timetable.
3. Dispute Resolution Appointment. The report is reviewed and another attempt at agreement is made. Many cases end here.
4. Final hearing. Evidence is heard and the judge makes an order. The most expensive and slowest stage.

Interim orders can regulate arrangements while all this happens, and in genuine emergencies — a risk of abduction or significant harm — an order can be made the same day without the other parent present.

What the order can say, and how it is decided

A child arrangements order deals with who a child lives with — solely or shared, in whatever proportions — and who they spend time with, which can specify regular contact, holidays and special occasions, indirect contact by phone or letter, or supervised contact at a centre where there are safety concerns. Anyone the child lives with under an order automatically gains parental responsibility. The court can also make prohibited steps orders, stopping something such as removal from the country, and specific issue orders resolving a single question such as schooling.

The child's welfare is paramount, guided by the welfare checklist. There is a presumption that involving both parents furthers a child's welfare — which means a meaningful relationship, not necessarily equal time — displaced where safety requires it. Where domestic abuse is alleged, the court must follow Practice Direction 12J, making findings of fact and considering their impact before deciding arrangements.

Orders are not permanent. Either parent can apply on Form C100 to vary one, though the court expects a significant change of circumstances rather than simple dissatisfaction. Legal aid is available where there is evidence of domestic abuse; otherwise many parents act for themselves, and a McKenzie Friend can attend court with you.