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Book a MIAM →Child Arrangements Orders Explained
A child arrangements order is a legally binding court order specifying where a child lives and who they spend time with. This guide explains what these orders contain, how they are obtained, and what happens if they are not followed.
Key points
- A child arrangements order is a court order made under section 8 of the Children Act 1989.
- It specifies who a child lives with, who they spend time with, and any conditions or requirements.
- Either parent — or certain other individuals — can apply for a child arrangements order.
- Before applying, applicants must usually attend a MIAM to consider whether mediation is suitable.
- The C100 form is used to apply for a child arrangements order in England and Wales.
- Orders typically last until a child turns 16, unless the court specifies otherwise.
- Breaching a child arrangements order without good reason is a contempt of court matter.
What Is a Child Arrangements Order?
A child arrangements order is a court order made under section 8 of the Children Act 1989. It regulates the arrangements for where a child lives and who they spend time with after their parents separate.
The order has two components: a 'lives with' element, specifying which parent or parents a child will live with, and a 'spends time with' element, specifying contact arrangements with the other parent — including regularity, duration, and any conditions.
An order can also include conditions, such as requirements about travel, communication, or the introduction of new partners. Where welfare concerns exist, the order may include a 'prohibited steps' provision preventing specific actions without court permission.
See also: What Is Parental Responsibility? — a 'lives with' order does not affect parental responsibility, which both parents retain.
Who Can Apply for a Child Arrangements Order?
A parent with parental responsibility can apply for a child arrangements order at any time without needing the court's permission. Certain other people can also apply, including: any person the child has lived with for at least three years; any person with the consent of all those with parental responsibility; or any person with the court's permission.
Parents, step-parents, grandparents, and other family members or carers may all find themselves needing to apply in different circumstances. Grandparents, in particular, must obtain the court's permission before making an application — they do not have automatic standing.
A child can also apply, though courts will carefully assess whether it is in the child's interests to become a party to proceedings.
Read more: Grandparents and Child Arrangements — the specific process for grandparents applying for leave and then an order.
How to Apply for a Child Arrangements Order
Before applying to court, applicants must usually attend a MIAM — a short individual meeting with an accredited family mediator. This is a legal requirement under the Family Procedure Rules 2010 for most private law applications under the Children Act. The mediator assesses whether mediation is suitable and issues an FM1 certificate.
If mediation is not suitable or both parties have attended MIAMs and chosen not to proceed, the applicant submits a C100 form to the family court. The C100 must include the FM1 certificate from the MIAM or declare a valid exemption. Detailed guidance on completing the C100 is available at: C100 Explained
Once issued, the application is served on the respondent and a first hearing — the First Hearing Dispute Resolution Appointment (FHDRA) — is listed. CAFCASS conducts initial safeguarding checks before this hearing.
Tip
Courts encourage resolution at every stage. Even after proceedings have started, an agreement reached through mediation or negotiation at the first hearing avoids a final contested hearing — which can take months to reach.
What Does a Child Arrangements Order Contain?
The content of a child arrangements order is tailored to the specific circumstances of the child and family. It will typically specify: who the child lives with and on what basis (primary residence with one parent, or shared between both); the schedule for time spent with the non-resident parent — including term-time, weekends, and holidays; any conditions about how contact takes place; and any prohibited steps, if applicable.
Courts try to produce orders that are workable, clear, and in the child's best interests — not orders that punish either parent or resolve disputes between adults. The more specific the order, the less ambiguity there is if disputes arise about compliance.
What Happens If a Child Arrangements Order Is Not Followed?
Breaching a child arrangements order — by failing to comply with contact arrangements, preventing agreed contact from happening, or removing a child from the country without consent — is treated seriously by courts.
A parent who is denied contact they are entitled to under an order can apply to enforce it. Courts can: issue a warning; impose unpaid work requirements or a fine; in serious cases, change the living arrangements as a consequence of the non-complying parent's behaviour; and in the most extreme cases, commit the breaching parent to prison for contempt of court.
Courts also have powers to compensate for lost contact by ordering make-up time. The enforcement regime is designed to make orders meaningful, not merely advisory.
Read more: How to Change a Child Arrangements Order — for situations where circumstances have changed and a variation application may be needed.
Related Questions
How long does a child arrangements order last?
A child arrangements order typically remains in force until the child turns 16, unless the court specifies otherwise. In exceptional circumstances, particularly involving welfare concerns, an order may continue until the child turns 18. Either parent can apply to the court to vary the order if circumstances change significantly.
Can a child arrangements order be changed?
Yes. Either parent can apply to the court to vary a child arrangements order. The court will consider whether there has been a significant change in circumstances. Mediation is usually encouraged before a variation application is made — agreement through mediation is faster, cheaper, and less damaging to the co-parenting relationship.
Next Steps: Consider Mediation Before Applying
Applying to court for a child arrangements order is a significant step — proceedings can take six months to a year in contested cases, cost thousands of pounds in legal fees, and can damage the co-parenting relationship for years.
Before making an application, attending a MIAM is not only a legal requirement — it is a genuine opportunity to explore whether an agreement can be reached more quickly and with less damage. Most child arrangements disputes that reach the MIAM stage are resolved without a contested hearing.
You may also want to learn about:
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