Family Court

Child Arrangement Orders UK: The Complete 2026 Guide for Parents

14 min read
Child Arrangement Orders UK: The Complete 2026 Guide for Parents

What is a Child Arrangement Order?

A Child Arrangement Order (CAO) is a court order that sets out arrangements for:

  • Who a child lives with (previously called a "residence order")
  • When a child spends time with each parent (previously called a "contact order")
  • 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:

  • The child's wishes and feelings
  • The child's physical, emotional and educational needs
  • The likely effect of any change in circumstances
  • The child's age and background
  • Any harm the child has suffered or is at risk of suffering
  • How capable each parent is of meeting the child's needs
  • The range of powers available to the court
  • 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

  • MIAM first - You must attend before applying to court
  • Child's welfare is paramount
  • Both parents presumed involved unless evidence of harm
  • Court is expensive and slow - budget 6,000-15,000 pounds and 6-18 months
  • Most cases settle before final hearing
  • Self-representation is possible
  • Keep records of all communication
  • Focus on children throughout the process
  • ---

    This article provides general guidance only and does not constitute legal advice. For specific situations, please consult a family law solicitor.

    Graham

    Graham

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