What is a child arrangements order?
A child arrangements order is a formal court order that specifies arrangements for a child after the parents' separation. It can cover where the child lives (known as a "lives with" order) and the pattern of time they spend with the other parent (known as a "spends time with" order). It can also cover other matters including holidays and important decision-making.
Child arrangements orders were introduced to replace the old "custody" and "access" terminology. Modern family law avoids language like "custody battle" or "winning access" because the focus is on arrangements that serve the child's welfare, not on parents competing for control.
What a child arrangements order can cover
| Matter | What it specifies |
|---|---|
| Where the child lives | The parent's home where the child's main residence is. The order names this parent (e.g., "the child to live with the mother") |
| Time with the other parent | A pattern of days and times — e.g., "alternate weekends from Friday after school to Sunday at 6pm, and one night midweek" |
| School holidays | How school holiday time is divided between parents |
| Special occasions | Birthdays, Christmas, and other significant dates |
| Transport and handover | Where and when the child is handed over between parents |
| Contact with extended family | Time with grandparents and other family members |
When do you need a child arrangements order?
You do not automatically need a court order. Many parents who separate or divorce reach agreement on child arrangements without any court involvement. If both parents agree on arrangements and neither parent breaches the agreement, there is no legal requirement to have a formal court order.
However, a court order is advisable because:
- It is legally binding and enforceable — if one parent breaches the order, the other can go back to court
- It provides clarity and certainty for both parents and the child
- It prevents future disputes — both parents have a clear written record of what was agreed
- It protects the non-resident parent — if the resident parent tries to restrict contact, the order provides evidence of the agreed arrangement
A child arrangements order makes arrangements binding and enforceable, protecting both parents' relationship with the child.
How to apply for a child arrangements order
If you and the other parent cannot agree on child arrangements, either parent can apply to the family court for a child arrangements order. The application process is:
- Attend a MIAM (Mediation Information Assessment Meeting) — before applying to court, you must attempt mediation. A MIAM is a one-hour meeting with a mediator to assess whether mediation is suitable
- Complete form C100 — the application form, available on the HMCTS website
- File at your local family court — there is no court fee for applying for a child arrangements order
- Attend a first hearing — the judge will assess the case and may direct further mediation, ordering by consent if possible, or proceed to a full hearing
- Attend further hearings if necessary — if the case is contested, there may be fact-finding hearings and a final hearing where the judge makes the order
What the court considers
When deciding on child arrangements, the court applies the child's welfare principle and considers factors including:
- The child's own wishes and feelings (the older and more mature the child, the more weight given)
- The child's physical, emotional, and educational needs
- The impact of changes to the child's circumstances
- The child's age and stage of development
- Whether the child has any special needs
- How capable each parent is of meeting the child's needs
- The likely strength of the relationship between the child and each parent
- Any risk of harm to the child from domestic abuse, substance abuse, or other dangers
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