Applying for a Child Arrangement Order

The process typically begins with attending a MIAM, where a qualified mediator assesses whether mediation might help resolve the dispute. If mediation is not suitable or has been attempted without success, an application may be made to the family court using Form C100. The court fee is currently £232 (fee exemptions may be available). Once an application is filed, the court will list a First Hearing Dispute Resolution Appointment (FHDRA) where a Cafcass officer will have spoken to both parties beforehand. The court's primary consideration is the welfare of the child, guided by the welfare checklist in section 1(3) of the Children Act 1989. Cases may settle at various stages, and only a minority proceed to a final hearing with evidence and cross-examination.

Common situations include: parents separating and being unable to agree on living arrangements for the children, one parent being denied contact with a child, grandparents wanting to formalise time spent with grandchildren, a parent wanting to relocate with a child, concerns about a child's welfare during contact with the other parent, or a parent wanting to change existing arrangements that are no longer working.

The Children Act 1989 is the primary legislation. Section 1 establishes that the child's welfare is the paramount consideration. Section 1(3) sets out the welfare checklist including: the ascertainable wishes and feelings of the child, their physical, emotional, and educational needs, the likely effect of any change, the child's age, sex, and background, any harm the child has suffered or is at risk of suffering, the capability of each parent, and the range of powers available to the court. Section 8 defines Child Arrangement Orders. Section 10 covers who may apply, with parents having an automatic right to apply. The Children and Families Act 2014 introduced the requirement for MIAMs before court applications and a presumption under section 1(2A) that parental involvement furthers the child's welfare, unless there is evidence to the contrary.

People considering a Child Arrangement Order often explore: attempting negotiation or mediation before court proceedings, seeking legal advice about the likely outcome and process, considering whether a consent order could be agreed without a contested hearing, gathering evidence relevant to the welfare checklist, and understanding the role of Cafcass in the process. Some people also consider whether legal aid might be available, particularly in cases involving domestic abuse where evidence can be provided.

Common mistakes include: applying to court without attending a MIAM (the application may be returned unless an exemption applies), making the application about the parents' rights rather than the child's welfare, not being aware that the court considers the status quo as a relevant factor, posting about the case on social media which may be used as evidence, and not understanding that court orders are enforceable and breaching them may have consequences.