What is a Child Arrangement Order?
A Child Arrangement Order (CAO) is a court order that sets out arrangements for:
Child Arrangement Orders replaced the old residence and contact orders in 2014.
Who Can Apply?
- Parents (biological or adoptive)
- Guardians
- Step-parents with parental responsibility
- Anyone the child has lived with for at least 3 years
- Others with court permission
When Might You Need One?
A Child Arrangement Order becomes necessary when:
- Parents cannot agree on where children should live
- Parents cannot agree on how much time children spend with each parent
- One parent is preventing the other from seeing the children
- There are safety concerns that need court oversight
Before Court: The MIAM Requirement
Before you can apply to court, you must attend a Mediation Information and Assessment Meeting (MIAM).
MIAM Exemptions
You do not need to attend a MIAM if:
- There is evidence of domestic abuse
- There are child protection concerns
- The application is urgent
- You cannot contact the other parent
- The other parent lives abroad
The Application Process
Step 1: Complete the C100 Form
The C100 is the main application form. You will need to provide:
- Details of both parents
- Details of all children
- What orders you are asking for
- Reasons for your application
- Any safety concerns
Step 2: Pay the Court Fee
The current fee (2026) is 255 pounds. Fee remission available for low incomes.
Step 3: Safeguarding Checks
Cafcass will conduct initial safeguarding checks:
- Police records checks on both parents
- Local authority checks
- Brief telephone interviews
Step 4: First Hearing
The court will schedule a First Hearing Dispute Resolution Appointment (FHDRA) within 4-6 weeks.
The Court Process
First Hearing (FHDRA)
The First Hearing aims to:
- Identify what issues are in dispute
- See if agreement can be reached
- Set directions for the case if not
- Make interim arrangements if needed
Who attends: Both parents, Cafcass officer, judge, legal representatives if any
Possible outcomes:
- Agreement reached - order made by consent
- Partial agreement - some issues resolved
- No agreement - directions given for next steps
Section 7 Report
The court may order Cafcass to prepare a detailed welfare report investigating:
- The children's wishes and feelings
- Each parent's proposals
- Parenting capability
- Risk factors
- Recommendations
This typically takes 12-16 weeks.
Final Hearing
If agreement is not reached, a final hearing will determine:
- Both sides present their case
- Witnesses may be called
- The judge makes a decision
What the Court Considers
The court must treat the child's welfare as the paramount consideration. The welfare checklist includes:
Presumption of Parental Involvement
Unless there is evidence of harm, the court presumes that involvement of both parents will further the child's welfare.
Costs and Timescales
Court Fees
- Application fee: 255 pounds
- Enforcement application: 215 pounds
- Variation application: 215 pounds
Legal Costs (if using solicitor)
| Stage | Typical Cost Range |
|-------|-------------------|
| Initial advice and MIAM | 200-500 pounds |
| C100 application | 500-1,500 pounds |
| First hearing preparation | 1,000-2,500 pounds |
| Final hearing | 2,500-7,500 pounds |
| Total (contested) | 6,000-15,000 pounds |
Timescales
| Stage | Typical Timeframe |
|-------|-------------------|
| MIAM | 1-2 weeks |
| Application to first hearing | 4-8 weeks |
| Section 7 report | 12-16 weeks |
| First hearing to final hearing | 8-16 weeks |
| Total (contested case) | 6-18 months |
Representing Yourself
Many parents represent themselves in family court. Tips for self-representation:
- Prepare thoroughly
- Stay focused on the children
- Be organised
- Be respectful to all parties
- Ask if unsure - judges expect litigants in person to need guidance
After the Order is Made
Enforcement
If one parent does not comply with the order, the other can apply for enforcement. The court can:
- Require unpaid work
- Order compensation for missed contact
- Transfer residence
- Impose fines or imprisonment in serious cases
Variation
If circumstances change, either parent can apply to vary the order.
Practical Tips
Keep Communication Records
Using a co-parenting app like Graham creates automatic timestamped records of all messages.
Focus on Your Children
Courts are highly attuned to parents who put their own grievances above children's needs.
Do Not Involve the Children
Never discuss court proceedings with children or ask them to choose between parents.
Key Takeaways
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This article provides general guidance only and does not constitute legal advice. For specific situations, please consult a family law solicitor.
