What Is a Child Arrangements Order?

Written by: Kiran Dhaliwal, Consultant Chartered Legal Executive (Family Litigation) FCILEx, Setfords | Published: 23rd September 2026 | Last reviewed: 23 September 2026 | Read time: 8 min

A Child Arrangements Order is a legal document that settles where a child lives and how much time they spend with each parent, if you and the other parent find yourselves in a position where you cannot agree the childcare arrangement between yourselves. A Child Arrangements Order is a court order and is legally binding. 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 specifies where a child lives and who they spend time with.
• It replaced the older “residence order” and “contact order”, but 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. The part about where they live can carry on until they’re 18, although courts are reluctant to intervene in this area beyond the age of 16.

What is a Child Arrangements Order?

A Child Arrangements Order is a court order made under the Children Act 1989. This sets out where a child lives and when they spend time with each parent, and once the order is made, it is legally binding.

The Child Arrangements Order 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 real connection to the child, such as a long-term carer, can also apply, though they are likely to need the court’s permission first.

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

What does the order 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. You can also obtain a Child Arrangements Order by agreement. Court orders are not only for cases that become drawn out.

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

Step 3: Apply using form C100.
If mediation does not resolve things, you apply to the family court using form C100. The court fee is currently £270. If there are allegations of harm, you should also complete form C1A.

Step 4: Cafcass carries out safeguarding checks.
Cafcass (the Children and Family Court Advisory and Support Service) contact both parents by phone and carry out checks with the police and local authority for any safety concerns, then they report 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. Some cases settle at this stage, once both sides understand how a court is likely to view the dispute. Others do not, and continue through the process.

Step 6: Further hearings, if needed.
If an agreement is not reached at the first hearing, the case moves to further hearings, and in some instances a final hearing where a judge decides what the childcare arrangements should be.

How does the court decide?

Whatever stage the case reaches, the same rule applies: the court decides based on what is best for the child, not on what feels fair between the parents. There are many factors, such as 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 is no current starting assumption in favour of either parent.

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, though courts are reluctant to review living arrangements beyond the age of 16. The part dealing with time spent with the other parent usually stops applying once a child turns 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 is 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 then simply ask the court to approve the updated agreement.

Enforcing an order: if the other parent is not sticking to what has 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 is there to ensure stability, routine and structure for the child, rather than to punish the other parent.

Common mistakes to avoid

1. Applying to court before trying mediation.
Your application can be rejected or delayed if you have not attended a MIAM and do not 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. There are serious consequences to breaching an order of the court.

4. Ignoring the difference between parental responsibility and the order itself.
Losing an argument about arrangements does not affect your parental responsibility.

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. Speaking to a solicitor or Chartered Legal Executive can help if:

• You and the other parent cannot agree an arrangement between yourselves.
• Mediation has not worked, or one of you will not attend.
• You want an informal arrangement made legally binding.
• The other parent is not 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 or Chartered Legal Executive when you are ready, whether that is a first conversation or a case already underway.

FAQs

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

Yes. You will 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 cannot agree, either parent can apply to the court for an order. The court will then make a decision 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 or Chartered Legal Executive 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. The forms can look straightforward, but how you present your information makes a real difference to how the court considers your concerns. We would always recommend getting legal advice before you apply, even if it is only a short consultation.

About the author

Kiran Dhaliwal, Consultant Chartered Legal Executive (Family Litigation) FCILEx, Setfords

Kiran Dhaliwal is a Consultant Chartered Legal Executive at Setfords and a Fellow of the Chartered Institute of Legal Executives (FCILEx), with over 25 years’ experience in family law. She advises parents, grandparents and other family members on a wide range of children matters, from where a child lives to enforcing court orders. She also has extensive experience supporting both women and men affected by domestic abuse. Based in Birmingham, she works with clients across England and Wales and speaks fluent Punjabi.

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 / chartered legal executive 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.