What Is a Child Arrangements Order?

Written by: [AUTHOR NAME], Family Law Solicitor, Setfords | Published: 5 August 2026 | Last reviewed: 5 August 2026 | Read time: 8 min

A Child Arrangements Order is the legal document that settles where a child lives and how much time they spend with each parent, once you and the other parent can’t agree it between yourselves. This guide covers what it does, who can apply, and how the process works in England and Wales.

Key takeaways

• A Child Arrangements Order is a court order that says where a child lives and who they spend time with.
• It replaced the older “residence order” and “contact order” in 2014, so you may still hear those terms used informally.
• Parents can apply, and so can others with an existing connection to the child, such as grandparents, though some applicants need the court’s permission first.
• Most people are expected to attend a Mediation Information and Assessment Meeting (MIAM) before applying, unless an exemption applies.
• The order usually runs until a child turns 16, though the part about where they live can carry on until they’re 18.

What is a Child Arrangements Order?

A Child Arrangements Order is a court order made under the Children Act 1989. It sets out where a child lives and when they spend time with each parent, and once it’s made, it’s legally binding. It’s sometimes still called a child arrangement order, and both mean the same thing.

It replaced the older residence and contact orders in 2014, folding the two into one. Rather than one parent getting a “residence order” and the other a separate “contact order”, everything now sits in a single document, which tends to feel less like one parent winning and the other losing.

Who can apply for one?

Parents can apply as of right, whether or not they were married and whether or not they have parental responsibility. Step-parents, grandparents, and others with a genuine connection to the child, such as a long-term carer, can also apply, though some need to ask the court’s permission first.

Getting permission (known as “leave to apply”) isn’t usually a high bar where there’s a real relationship with the child. The court looks at things like how involved that person has been in the child’s life and whether the application risks disrupting the child unnecessarily.

For more information on how child law can affect different individuals, read our guide on child law

What does the order actually cover?

The order deals with two things: who the child lives with, and who they spend time with (this used to be called “contact”). Time spent with a parent doesn’t have to mean overnight stays. It can include phone calls, video chats, or time spent together during the day, all specified within the same order.

It can also set out practical details, like how holidays and special occasions are split, and whether contact is supervised. If there’s a specific one-off decision to make, such as which school a child attends or whether they can be taken abroad, that’s usually a separate specific issue order or prohibited steps order rather than something folded into the Child Arrangements Order itself.

How do you get a Child Arrangements Order?

Step 1: Try to agree it between yourselves, if you safely can.
Many parents reach an arrangement without ever going near a court, and it can be turned into a written parenting plan for clarity.

Step 2: Attend a MIAM.
Before applying to court, you’ll usually need to attend a Mediation Information and Assessment Meeting, where an accredited mediator explains your options. This doesn’t apply where there’s evidence of domestic abuse or in certain other specific circumstances.

Step 3: Apply using form C100.
If mediation doesn’t resolve things, you apply to the family court using form C100. The court fee is currently £270.

Step 4: Cafcass carries out safeguarding checks.
Cafcass (the Children and Family Court Advisory and Support Service) contacts both parents by phone and checks with the police and local authority for any safety concerns, then reports back to the court.

Step 5: Attend the first hearing.
This is called a First Hearing Dispute Resolution Appointment, and it usually takes place four to six weeks after you apply. Many cases settle here, once both sides understand how a court is likely to view the dispute.

Step 6: Further hearings, if needed.
If an agreement isn’t reached at the first hearing, the case moves to further hearings, and in some instances a final hearing where a judge decides.

How does the court decide?

Whatever stage the case reaches, the same rule applies: the court decides based on what’s best for the child, not on what feels fair between the parents. It looks at things like the child’s own wishes (weighed against their age), their needs, how any change might affect them, and whether each parent can meet those needs safely and well.

There’s no starting assumption in favour of either parent. Fathers sometimes worry that courts default to mothers, but that isn’t how it works. The question is always which outcome is best for this particular child.

How long does a Child Arrangements Order last?

The part of the order dealing with where a child lives usually lasts until they turn 18. The part dealing with time spent with the other parent usually stops applying once they turn 16, unless the court has said otherwise because of exceptional circumstances.

In practice, most orders naturally fade out as children get older and more capable of deciding for themselves how they want to split their time. Courts are also reluctant to make new orders at all once a child is 16 or over, except in unusual situations.

Can you change or enforce an order?

Changing an order: if your circumstances have moved on, whether that’s a new job, a house move, or your child getting older and wanting something different, you can apply to vary or discharge the order. It helps enormously if you can agree the change between yourselves first and simply ask the court to approve it.

Enforcing an order: if the other parent isn’t sticking to what’s been agreed, you can apply for an enforcement order. The court fee for this is currently £270, and a further application for breach of an existing enforcement order costs £119. Enforcement isn’t about punishing the other parent for its own sake. It’s there so the order actually means something.

Common mistakes to avoid

1. Applying to court before trying mediation.
Your application can be rejected or delayed if you haven’t attended a MIAM and don’t have a valid exemption.

2. Assuming the order is permanent and unchangeable.
Life moves on, and the order can be varied where circumstances have changed.

3. Ignoring an existing order because “it’s not working anymore”.
Informally deciding to stop following an order, rather than applying to vary it, can put you at risk if the other parent applies to enforce it.

4. Ignoring the difference between parental responsibility and the order itself.
Losing an argument about arrangements doesn’t affect your parental responsibility, and vice versa.

5. Waiting too long to get advice once things break down.
Early advice often prevents a dispute from escalating into a lengthy court process.

When to speak to a solicitor

A short conversation early on can save a lot of stress later. It’s worth speaking to a solicitor if:

• You and the other parent can’t agree an arrangement between yourselves.
• Mediation hasn’t worked, or one of you won’t attend.
• You want an informal arrangement made legally binding.
• The other parent isn’t sticking to an existing order.
• You’re worried about your child’s safety, or about allegations being made against you.

Understand your options and your timeline. Talk to a Setfords solicitor when you’re ready, whether that’s a first conversation or a case already underway.

FAQs

Is a “child arrangement order” the same as a “child arrangements order”?

Yes. You’ll see both used, but they refer to the same court order under the Children Act 1989.

Do both parents need to agree before a Child Arrangements Order is made?

No. If you can’t agree, either parent can apply to the court, which will decide based on the child’s welfare rather than requiring both parents to consent.

Can grandparents apply for a Child Arrangements Order?

Yes, though grandparents usually need the court’s permission first, unless they already have a court order or other recognised status in relation to the child.

What happens if the other parent breaks the order?

You can apply to the court for an enforcement order. The court can take steps ranging from varying the arrangement to, in serious or repeated cases, imposing penalties.

Do I need a solicitor to apply for a Child Arrangements Order?

No, you can apply yourself using form C100. Many people do get advice first though, particularly where there are safeguarding concerns or the case is likely to be contested.

About the author

[AUTHOR NAME], Family Law Solicitor, Setfords

[AUTHOR BIO: one or two sentences on their experience and approach to family law matters.]

Last reviewed: 5 August 2026.

This article is general information about Child Arrangements Orders in England and Wales and is not legal advice. The law and guidance in this area can change, and every family’s situation is different, so please speak to a qualified family law solicitor about your circumstances.

If you or your child are affected by domestic abuse, free confidential support is available 24 hours a day from the National Domestic Abuse Helpline on 0808 2000 247.