How to Apply for a Child Arrangements Order: A Step-by-Step Guide

When parents separate and cannot agree on arrangements for their children, the family court may be asked to make a Child Arrangements Order. This order sets out where a child will live, when they will spend time with each parent or other family members, and other aspects of the child’s care.

Before making an application to the court, there are several important steps to follow, including attending a Mediation Information and Assessment Meeting (MIAM).

What is a Child Arrangements Order?

A Child Arrangements Order is a court order made under the Children Act 1989. It can determine:

• Who a child will live with.
• How much time a child will spend with each parent.
• When and how contact will take place.
• Other arrangements relating to the child’s upbringing.

The court’s primary consideration is always the welfare and best interests of the child.

Step 1: Try to Reach an Agreement

Before applying to court, parents should attempt to resolve issues between themselves where possible. This may involve:

• Direct discussions.
• Solicitor negotiations.
• Family mediation.
• Parenting plans.

The family court expects parents to consider alternatives to litigation before commencing proceedings.

Step 2: Attend a MIAM

In most cases, anyone applying for a Child Arrangements Order must first attend a Mediation Information and Assessment Meeting (MIAM).

What is a MIAM?

A MIAM is a confidential meeting with a qualified family mediator. The purpose is to:

• Explain how mediation works.
• Assess whether mediation is suitable.
• Explore whether issues can be resolved without court proceedings.

The meeting usually lasts around 45 minutes to one hour.

Do Both Parents Attend?

Typically, each parent attends a separate MIAM appointment initially. The mediator will then decide whether mediation is appropriate.

When is a MIAM Not Required?

You may be exempt from attending a MIAM if certain circumstances apply, including:

• Domestic abuse.
• Child protection concerns.
• Urgency, such as a risk of harm to the child.
• Previous attendance at a MIAM within the relevant period.
• Certain other exemptions set out in the Family Procedure Rules.

If an exemption applies, evidence may be required when submitting the application.

Step 3: Complete Form C100

To apply for a Child Arrangements Order, you will usually need to complete Form C100.

The form requires information about:

• The child or children involved.
• The parties to the application.
• The orders being sought.
• Any safety or welfare concerns.
• Details of MIAM attendance or exemption.

It is important to provide accurate and complete information.

Step 4: File the Application

The completed C100 form can be submitted to the Family Court.

Applicants will generally need to pay the applicable court fee of £263.00 unless they qualify for fee remission or assistance under the Help With Fees scheme.

Once the application is issued, the court will allocate a case number and serve the papers on the respondent.

Step 5: Safeguarding Checks

After the application is issued, safeguarding checks are carried out.

These checks are undertaken by CAFCASS (Children and Family Court Advisory and Support Service) and may include:

• Police checks.
• Local authority enquiries.
• Discussions with each parent.

CAFCASS will identify any immediate welfare concerns and prepare a safeguarding letter for the court.

Step 6: Attend the First Hearing (FHDRA)

The first hearing is usually called a First Hearing Dispute Resolution Appointment (FHDRA).

At this hearing, the court will:

• Consider safeguarding information.
• Identify the issues in dispute.
• Explore whether agreement can be reached.
• Decide what further evidence may be required.

Step 7: Further Directions and Evidence

If issues remain unresolved, the court may make directions for:

• Statements from the parties.
• CAFCASS reports.
• Expert evidence (where necessary).
• Fact-finding hearings if allegations are disputed.

The court will continue to encourage settlement where appropriate.

Step 8: Final Hearing

If agreement cannot be reached, the matter will proceed to a final hearing.

Both parties will have the opportunity to present evidence and explain their position. The judge will then make a decision based on the child’s welfare.

The court may make a Child Arrangements Order setting out the arrangements that are considered to be in the child’s best interests.

Factors Considered by the Court

When deciding a Child Arrangements Order application, the court considers the welfare checklist, including:

• The child’s wishes and feelings (depending on age and understanding).
• The child’s physical, emotional and educational needs.
• The likely effect of any change in circumstances.
• The child’s age, background and characteristics.
• Any risk of harm.
• Each parent’s ability to meet the child’s needs.

Conclusion

A Child Arrangements Order application should generally be viewed as a last resort after efforts have been made to resolve matters outside court. In most cases, attending a MIAM is a mandatory first step and provides an opportunity to explore mediation before litigation.

Where court proceedings are necessary, applicants should ensure that the correct forms are completed, any MIAM requirements are satisfied or exemptions evidenced, and that the focus remains on achieving arrangements that promote the child’s welfare and best interests.

How can we help?

At Abbott & Harris Solicitors Ltd, we understand that disputes concerning children can be emotionally challenging and legally complex. Our experienced family law team provides clear, practical advice and compassionate support throughout every stage of the Child Arrangements Order process. Whether you need assistance with mediation, completing a C100 application, responding to court proceedings, or representation at hearings, we are committed to protecting your child’s best interests while helping you achieve a fair and workable outcome.