When parents separate, the hardest disagreement is often about the practical details of a child’s life: where they will live, when they will see each parent and how holidays and school days will work. In England and Wales, a child arrangements order is the main family court order used when those arrangements cannot be agreed privately. It can set out where a child lives, who they spend time with and what other contact should take place.
The order is designed around the child rather than either parent’s entitlement to a particular amount of time. The family court’s central concern is the child’s welfare, so there is no fixed formula for equal or weekend contact.
What can a child arrangements order decide?
A child arrangements order can deal with both living arrangements and time with another parent or person. It may say that a child lives with one parent and spends specified time with the other, or that the child lives with both parents under an arrangement reflecting their routine. It can also cover other forms of contact, such as telephone or video calls, where appropriate.
The order replaced the old residence order and contact order terminology in England and Wales in 2014. People still commonly search for a “child contact order”, but a new application about time with a child is normally dealt with through a child arrangements order. Similarly, what is sometimes called a “child lives with order” is the part of the order dealing with where the child is to live.
Do parents have to go to court?
No. If parents can reach a safe, workable agreement themselves, they do not generally need a court order. They can record arrangements in a parenting plan and adjust them as the child’s needs change. Mediation can also help parents work through disputed schedules without asking a judge to decide.
Before most family court child arrangements applications, the applicant must attend a Mediation Information and Assessment Meeting, usually called a MIAM, unless an exemption applies. Exemptions can include certain cases involving domestic abuse, child protection concerns or urgency. The MIAM explains mediation and other non-court options; it does not force parents into mediation where it is unsuitable.
Who can apply and what is a C100 application?
Parents, guardians, special guardians and certain people with parental responsibility can generally apply without first asking the court for permission. Others may also have that right in specific circumstances. Grandparents and wider family members often need the court’s permission unless they fall within one of the statutory categories allowing a direct application.
The usual application is made on Form C100, and an online application may also be available. A C100 application can cover a child arrangements order and certain specific issue or prohibited steps orders. The current court application fee is £270, although help with fees may be available to people who meet the financial criteria.
How does the court decide where a child lives and spends time?
The court does not begin with a rule that one parent should “win” residence or that time must be split equally. Under the Children Act 1989, the child’s welfare is the court’s paramount consideration. Relevant factors include the child’s wishes and feelings in light of age and understanding, physical, emotional and educational needs, the likely effect of changes, relevant characteristics, any harm suffered or risk of harm, and how capable the adults are of meeting the child’s needs.
Focus on the child’s real routine rather than arguments about who is the “better” parent. School travel, bedtime, medical appointments, childcare, siblings and activities can all matter. If safety concerns are raised, they may need investigation before final arrangements are made.
A practical example
Suppose a seven-year-old lives near school with one parent, while the other parent lives an hour away and asks for alternate weekdays as well as weekends. The court would not simply count nights. It may consider school punctuality, travel fatigue, the child’s existing routine, each parent’s availability and whether another pattern could preserve a meaningful relationship without making school weeks unsettled. A proposal explaining how handovers, homework and holidays will work is more useful than a demand expressed only as a percentage of time.
What happens after the application is filed?
After the court receives the application, Cafcass normally becomes involved in England, while Cafcass Cymru performs the equivalent role in Wales. Safeguarding checks may be made with the police and local authority, and a family court adviser may speak with the adults before the first hearing. The court will identify what is agreed, what remains disputed and whether there are welfare or safety concerns.
If the case cannot be resolved early, the court may order further steps. These can include a more detailed Section 7 welfare report, a fact-finding hearing where important allegations are disputed, or other directions needed before a final decision. A Section 7 report can explore the child’s circumstances and wishes and feelings, but the child is not asked to choose between parents. The final decision remains with the court.
Can a child arrangements order be changed or enforced?
Yes. An existing order can be varied or discharged if circumstances justify it. Where one person does not comply, the other may apply for enforcement. Enforcement is not automatic simply because the written schedule was missed; the court can consider why the order was not followed and what outcome now serves the child’s welfare.
Related internal topics include family mediation before court, parental responsibility in England and Wales, and prohibited steps orders. These often overlap with child arrangements disputes.
Frequently asked questions
Does a child arrangements order mean 50/50 care?
No. The court can make arrangements involving substantial time with both parents, but there is no automatic entitlement to an equal division of time. The structure should meet the particular child’s welfare needs.
Can a grandparent apply for a child arrangements order?
Yes, but many grandparents must first obtain the court’s permission unless their circumstances place them within a category entitled to apply directly. The court considers factors including the applicant’s connection with the child and the possible effect of the application.
Do I need a solicitor for a C100 application?
You can apply without a solicitor, but legal advice can be valuable where there are allegations of abuse, complex evidence, international issues or uncertainty about parental responsibility. Court staff and Cafcass cannot give legal advice.
How long does a child arrangements order last?
The duration depends on its terms and circumstances. Many child arrangements provisions ordinarily cease when the child reaches 16, although limited exceptions are possible. An order can also be changed or discharged earlier by the court.
Finding an arrangement that works for the child
A child arrangements order is not meant to reward one parent or punish the other. Its purpose is to turn an unresolved parenting dispute into a clear arrangement that protects the child’s welfare. Where agreement is safe and realistic, mediation or direct negotiation may offer more flexibility. Where agreement is impossible or safeguarding concerns make court involvement necessary, a well-prepared application should stay focused on the child’s routine, needs, relationships and safety rather than the conflict between adults.