Child Arrangements – Full Guidance (UK)
A Child Arrangements Order (CAO) is a family court order that decides:
Where a child lives
Who the child spends time with
How contact takes place
When and how often arrangements happen
Child Arrangements Orders replaced the old:
Residence Orders
Contact Orders
Official CAFCASS guidance:
CAFCASS Private Law Proceedings Guidance
Gov.uk Child Arrangements Guidance
A Child Arrangements Order sets out “where a child lives and who they spend time with.”
1. What Is a Child Arrangements Order?
A Child Arrangements Order can decide:
- Which parent the child lives with
- Shared care arrangements
- Overnight stays
- Holiday arrangements
- Phone/video contact
- School collection arrangements
- Indirect contact (letters/messages)
Official definition:
The court’s main concern is always:
The child’s welfare and best interests.
2. Types of Child Arrangements
Living Arrangements
Determines:
- Who the child mainly lives with
- Shared care schedules
- Alternate weeks/weekends
- Split living arrangements
Spending Time Arrangements
Determines:
- Visits
- Overnight stays
- Holiday contact
- Supervised contact
- Telephone/video communication
3. Who Can Apply?
People who can usually apply without permission:
- Parents
- Guardians
- Special guardians
- Anyone with parental responsibility
Others who may apply:
- Grandparents
- Step-parents
- Relatives
- Family friends
Some may first need court permission.
Official guidance:
Grandparents often need permission before applying.
4. Before Going to Court – Mediation (MIAM)
Most applicants must attend a:
- MIAM (Mediation Information & Assessment Meeting)
Purpose:
- Encourage agreement without court
- Reduce conflict
- Focus on child welfare
Official mediation guidance:
The courts generally expect mediation to be considered before court proceedings.
5. Applying to Court
Applications are usually made using:
- Form C100
Official form:
- C100 Application Form
Court process guidance:
You may also apply for:
- Specific Issue Orders
- Prohibited Steps Orders
6. CAFCASS Involvement
In most private family cases, CAFCASS becomes involved.
Official CAFCASS website:
CAFCASS may:
- Conduct safeguarding checks
- Speak to parents
- Speak to children
- Review police/social services information
- Write reports for court
CAFCASS usually carries out police and local authority safeguarding checks before the first hearing.
7. Safeguarding Checks
CAFCASS checks for:
- Domestic abuse
- Violence
- Substance misuse
- Mental health concerns
- Child protection risks
A safeguarding letter is usually sent to the court before the first hearing.
8. The First Hearing (FHDRA)
The first hearing is called:
- FHDRA
- First Hearing Dispute Resolution Appointment
At this hearing:
- The judge explores agreements
- Safety concerns are considered
- CAFCASS may advise the court
- Further reports may be ordered
Official process guide:
9. Section 7 Reports
The court may order:
- A Section 7 welfare report
This includes:
- Child’s wishes and feelings
- Parenting assessment
- Welfare analysis
- Recommendations
Official guidance:
Section 7 reports advise the court about what is in the child’s best interests.
10. What the Court Considers
The court uses the:
- Welfare Checklist (Children Act 1989)
Factors include:
- Child’s wishes and feelings
- Emotional needs
- Educational needs
- Safety concerns
- Effect of changes
- Parenting capability
- Child’s background
Official law:
Judges must put children’s welfare first.
11. Shared Care / 50-50 Arrangements
Shared care means:
- Both parents share significant care responsibilities
This does NOT always mean exact 50/50 time.
Courts focus on:
- Stability
- Practicality
- Child’s routine
- Welfare
- Schooling
- Emotional wellbeing
12. Domestic Abuse Allegations
The court takes allegations seriously.
Possible outcomes:
- Supervised contact
- Indirect contact only
- Fact-finding hearings
- Protective orders
Guidance:
- Domestic Abuse in Family Proceedings
13. Child Wishes and Feelings
Depending on age and maturity:
- CAFCASS may speak directly with the child
- The child’s wishes may influence decisions
Official guidance:
14. Parenting Plans
Parents are encouraged to create:
- Parenting Plans / “Our Child’s Plan”
This can include:
- Routines
- Holidays
- Education
- Communication rules
- Medical decisions
Official tool:
CAFCASS says parenting plans can help avoid court proceedings.
15. Enforcement of Orders
If someone breaches the order:
- Try mediation first if safe
- You can apply back to court
Possible consequences:
- Enforcement orders
- Fines
- Unpaid work requirements
- Changes to arrangements
Official enforcement guidance:
Child Arrangements Orders are legally binding.
16. Emergency Orders
Urgent applications may be made where:
- A child is at immediate risk
- Abduction is feared
- Serious safeguarding concerns exist
Possible emergency applications:
- Prohibited Steps Orders
- Recovery Orders
- Emergency Child Arrangements Orders
If immediate danger exists:
- Call 999
17. Costs & Legal Aid
Court fees usually apply unless:
- You qualify for fee remission
- You receive certain benefits
Legal aid is limited but may be available for:
- Domestic abuse cases
- Child protection concerns
Helpful links:
18. Helpful Support Organisations
Organisation
Link
CAFCASS
Citizens Advice
Family Mediation Council
Child Law Advice
Resolution
Resolution Family Law Guidance
NSPCC
19. Key Things to Remember
- The child’s welfare is always the court’s priority
- Courts prefer parents to agree arrangements where possible
- CAFCASS often plays a major role
- Evidence matters more than accusations
- Child-focused behaviour is important
- Parenting plans and mediation are encouraged
- Orders are legally enforceable
The family court aims to make arrangements that best support:
- Stability
- Safety
- Emotional wellbeing
- Healthy relationships
- Long-term child welfare