Understanding how a Child Arrangement Order works can help you make informed decisions about your child’s future.
In her latest article, Rachel Lam outlines what these orders are, the rights they give you, why you might need one and how to apply.
Contents
- What a Child Arrangement Order is
- What do Child Arrangement Orders do
- What’s the difference between Live with and Spend time with orders
- Why get a Child Arrangement Order
- Who can apply for Child Arrangement Orders
- How can I apply for Child Arrangement Orders
What is a Child Arrangement Order?
A Child Arrangement Order is a court order that regulates either a child’s living arrangement or contact arrangement. A contact arrangement is the time that a child spends with a person named in the order.
What does a Child Arrangement Order do?
Essentially, a Child Arrangement Order can include who a child is to live with, spend time and have contact with. A Child Arrangement Order can also include a Prohibited Steps Order and a Specific Issue Order.
Child Arrangement Orders are often used to support co-parenting, helping both parents stay involved in the child’s life in a positive and meaningful way.
What do courts consider before making a Child Arrangement Orders?
When the Court makes a Child Arrangements Order, the top priority is what best for the child. Most of the time, the court will assume that it is beneficial for a child to have a relationship with both parents. However, if there is a clear reason for the court to think that this would not be beneficial, such as,
- Domestic Violence
- Neglect
- Substance misuse
The court may decide that contact with one parent should be limited, supervised or even stopped altogether.
The Court will also consider many things before making a Child Arrangement Order, including the child’s physical needs, emotional wellbeing, and education.
Live with vs Spend time with orders
The court can make different types of Child Arrangement Order to set out where a child will live and how they will spend time with each parent. They are…
Live with orders
If parents cannot agree on where the child should live and with which parent the child should live, one of them may apply to the court for a ‘Live with’ Order. The court can then decide on those issues.
The person the child lives with most of the time is called the resident parent and the other is the non-resident parent.
The resident parent has the right to make everyday decisions for the child. However, there are limits to what the resident parent can do. For example, they cannot change the child’s surname or take the child abroad for more than 28 days without obtaining permission from anyone else who shares parental responsibility.
Spend Time With orders
Spend Time with Orders set out when and how a child will have contact with the non-resident parent. This contact can happen in different ways, such as,
- Direct contact,
- Overnight staying contact,
- Supervised visits and,
- Indirect contact like phone calls, video calls or letters.
If you are a named person in a Spend Time with Order and want to take the child abroad, you must get permission from everyone with parental responsibility for the child or from a court. Taking a child abroad without the other parent’s consent or a court order may be considered child abduction under the Child Abduction Act 1984, which is a criminal offence.
You can find out more in our dedicated article on separated parents taking their child abroad here.
Why would someone get a Child Arrangement Order?
There are many reasons why someone might apply for a Child Arrangement Order, but they are most often used when parents cannot agree on how to share the care of their child.
Parents can apply for a Child Arrangement Orders if they cannot agree on where the child should live, or how much time they should spend with each of you.
If there are concerns about the child’s safety or risk of harm from the other parent, a Child Arrangement Order can help protect the child’s welfare.
Parents may also need a Child Arrangement Order if a grandparent or other family member is caring for the child or wants regular contact, but one of both parents are refusing to allow it.
Who can apply for a Child Arrangement Order?
To apply for a Child Arrangement Order an individual must be at least 18 years old. Certain people will have an automatic right to apply and do not need the court’s prior permission. They include:
- Any parent, guardian, or special guardian of the child.
- A stepparent who has a parental responsibility for the child as a result of an order or agreement.
- Anyone who is named in a current Child Arrangements Order as someone the child lives with.
- Anyone who is or was married or in a civil partnership, where the child is considered part of their family.
- Anyone the child has lived with for at least 3 years as long as that time started within the last 5 years and ended no more than 3 months before applying.
- Somone who is not the child’s parent or guardian but is named in a Child Arrangement Order as someone the child spends time with, and the court has given them parental responsibility.
- Anyone who has permission from: all people named in a Child Arrangement Order as someone the child lives with; the location authority, if the child is in their care, or in other cases, everyone who has parental responsibility for the child.
- A foster parent can apply for a Child Arrangement Order about who the child lives with or when, if the child has lived with them for at least one full year right before the application.
- A relative can apply for a Child Arrangement Order about who the child lives with or when, if the child has lived with them for at least one fill year right before the application.
Anyone else who is not automatically eligible may apply for a Child Arrangement Order by making an application to obtain permission of the Court.
Who has Parental Responsibility?
Parents who were married when the child were born both automatically have parental responsibility.
If they weren’t married, the mother automatically has parental responsibility. Whereas The father needs to be named on the child’s birth certificate to have it. If he is not named, he can still get parental responsibility by entering int a parental responsibility agreement with those who have parental responsibility or by the court granting, on application, a parental responsibility order.
Find out more in our dedicated Parental Responsibility article here.
Does a Child Arrangement Order remove parental responsibility?
A Child Arrangement Order does not removal parental responsibility as this can only be terminated in exceptional circumstances, such as evidence showing serious harm, abuse or neglect of the child.
How long does a Child Arrangement Order stay in place?
A Child Arrangement Order about who the child lives with usually lasts until the child turns 18, unless the court decides otherwise.
A Child Arrangement Order about contact with someone usually ends when the child turns 16, but in special cases, it can go up to 18.
If both parents who have parental responsibility live together for more than 6 months in a row, the Child Arrangement Order might automatically stop.
What happens if a parent doesn’t follow a Child Arrangement Order?
When the Court makes a Child Arrangement Order, it can include a warning notice explaining what could happen if someone does not follow the order.
The court can take action if someone breaches the rules of a Child Arrangement Order without a good reason. These consequences can include,
- An enforcement order requiring unpaid work,
- A financial compensation order, and,
- Contempt of Court Proceedings e.g. committal to prison.
The Family Law Act 1986 also gives the court extra powers to enforce Child Arrangement Orders. For example, if someone refuses to hand over a child, the court can send a court officer to collect and deliver the child.
The court can also order someone to reveal the child’s location if this is not known. If there is a risk the child might be taken out of the UK, the court can issue an all ports warning and order the surrender of the child’s passport.
How do I apply for a Child Arrangements Order?
There are two main ways you can apply for a Child Arrangement Order, the Standard Process and the Path Finder Process.
What is the Standard Process?
The Standard Process for applying for a Child Arrangement Order is:
Before you make an application for a Child Arrangement Order, you must meet with a mediator to see if mediation can help you reach an agreement without going to court. This step is mandatory unless there are exceptions, such as concerns about the child’s safety or domestic abuse.
The other person involved will also be encouraged to attend mediation. You can either decide to have,
- Traditional mediation
- This is where both parties and the mediator meet in the same room.
- Shuttle mediation
- This is where parties stay in separate rooms with the mediator ‘’shuttling’’ between.
If you cannot resolve the dispute in the mediation, you can then make the application by completing C100 Form and submitting this to the family court. This form will include details about all the adults and children involved. You will need to pay a court fee of £263.
Once the court has received the application, the court will schedule a first appointment called a First Hearing Dispute Resolution Appointment (FHDRA). This will be the first time the court looks into issues and sees if an agreement can be reached.
The court may ask a Cafcass ( Child and Family Courts Advisory and Support Service) officer (someone who looks out for the child’s best interest) to write a Child Impact Report to help the judge with the decision. Everyone involved in the above will get a copy of the application and details about the hearing, so they have time to respond. The person who starts the process is called the Applicant. The other party is called a Respondent. Respondents must fill out and return certain forms to the court to confirm they have received and read the papers.
If the FHDRA is unsuccessful, the matter will go to further hearings.
You can find out more about our Mediation services here or get in touch with one of our experts on 01202 499255.
What is the Pathfinder Process?
This Pathfinder scheme, is currently being trialled in Wales, Dorset, Birmingham, and Solihull (and Hampshire from January 2026). Which aims to help manage disputes between separated parents over arrangements for their children.
The scheme aims to gather key information early in the process so that decisions can be made more effectively with less attended hearings and with the child’s best interests in mind. A central feature of the scheme is the involvement of a Cafcass officer, who meets with the child early on to prepare a Child Impact Report.
Over a six-week period, information is collected from all parties involved, including parents and welfare professionals.
In the seventh week, the court holds a gatekeeping hearing to review the gathered information and determine the most appropriate next steps. This may include deciding whether further hearings are necessary or identifying suitable interventions for the family.
By the ninth week, the Child Impact Report is typically filed with the court. A second gatekeeping hearing is then held, usually without the parties present, to consider the report to conclude the case or list the case for a Decision Hearing at which a decision may be reached.
The court, if the application is in Dorset or Hampshire (As of January 2026) will ask the Child & Family court advisory & support service (Cafcass) to prepare a Child Impact Report so that the relevant information is available to assist the court in making a decision.
How much does it cost for a Child Arrangement Order?
The Court fee for a Child Arrangement Order is £263.00. There are certain situations in which you may be ‘fee exempt’ and do not have to pay this fee.
In our guide to divorce, we outline all of the costs involved, you can read it here.
We outline all of the costs involved in our guide to divorce here.
Read the costs of civil partnership dissolution.
How long does a Child Arrangements Order take to get?
How long it takes to get a Child Arrangement Order can vary depending on the nature and complexity of it. It can take between 6 and 12 months and can sometimes take longer. However, if both sides agree, this can be much quicker, sometimes at the first hearing.
In certain circumstances, it may be necessary to take urgent action in order to protect a child. For example, when a child needs to be returned immediately for their safety.
An application for a Child Arrangement Order may also be mad, and considered by the court, without giving notice to the other party. This only happens in exceptional circumstances and on strong evidence that there is immediate risk to the child’s safety.
How do child arrangements work regarding surrogacy?
My colleague Olivia Le Masurier outlines how child arrangements work in surrogacy and the legal implications. Read it here.
Do I need a Solicitor for a Child Arrangement Order?
You do not need a solicitor to get a Child Arrangement Order as you can submit a C100 form yourself.
Although, if you do want assistance with this process, our bright and experienced team at Frettens would be happy to help you.
We can help to ensure that your application is as coherent and watertight as possible and that all of the legal procedures are followed correctly.
Our experts can also represent you if things escalate.
Read our dedicated article on mediation for child access.
Specialist Family Law Solicitors
If you have any questions after reading this article, you can contact one of our family law experts who will be happy to offer you tailored advice.
We can assist you with applying for Child Arrangement Orders, representing you in court or providing advice on any other family matters.
Speak to one of our Family Law Specialists on 01202 499255, or by filling out the form. We offer all new clients a free initial chat.
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