Child Arrangements Orders: How to Apply and How to Enforce

Fact checked by Jess Knauf, Director of Client Strategy, 19th January 2026

When parents separate, one of the biggest concerns is often what happens to the children. Where will they live? How much time will they spend with each parent? If you can’t agree on these arrangements, you may need a Child Arrangements Order. But what exactly is a Child Arrangements Order, what does it cover, and how does it work in practice?

This comprehensive guide explains everything you need to know about Child Arrangements Orders, from understanding what they are and how to get one, to what happens if circumstances change or someone doesn’t follow the order. We’ll cover the legal aspect in straightforward terms and provide practical advice to help you understand your options.

What is a Child Arrangements Order?

A Child Arrangements Order is a legal order made by the family court that sets out arrangements for a child’s care after their parents separate. It’s governed by Section 8 of the Children Act 1989 and replaced what used to be called “residence orders” and “contact orders” in 2014.

The order answers two fundamental questions:

• Where will the child live? (the “lives with” arrangement)
• Who will the child spend time with, and when? (the “spends time with” arrangement)

Each Child Arrangements Order is unique and tailored to the specific circumstances of the family and the individual needs of the child. There is no such thing as a “standard” or “usual” arrangement, the court considers what’s best for each particular child in their particular situation.

What Does a Child Arrangements Order Cover?

A typical Child Arrangements Order can include specific details such as:

• Which parent or person the child will live with on a day-to-day basis
• Whether the child will live with both parents at different times (shared care)
• How often the child will stay with or visit the other parent
• Specific days and times for contact, including weekdays, weekends, and school holidays
• Where handovers will take place and at what time
• Arrangements for special occasions like birthdays, Christmas, and other celebrations
• What type of indirect contact is permitted, such as phone calls, video calls, or messages
• Any conditions on contact, such as supervised visits if there are safety concerns

Section 8 Children Act 1989

Child Arrangements Orders are one of four types of orders available under Section 8 of the Children Act 1989. The other Section 8 orders are Prohibited Steps Orders and Specific Issue Orders, which can be applied for at the same time if needed.

The Children Act 1989 established the principle that the child’s welfare is the court’s paramount consideration. This means that when making any decision about a Child Arrangements Order, the judge must put the child’s best interests first, above the wishes or preferences of either parent.

Who Can Apply for a Child Arrangements Order?

Not everyone needs permission from the court to apply for a Child Arrangements Order. Some people have an automatic right to apply, whilst others must first seek the court’s permission.

People Who Can Apply Without Permission

The following people can apply for a Child Arrangements Order without needing the court’s permission first:

• Parents – both mothers and fathers can apply, regardless of whether they were married or have parental responsibility
• Guardians – people appointed as legal guardians
• Special guardians – those with special guardianship orders
• Anyone named in an existing Child Arrangements Order – people who already have care arrangements through a court order
• Anyone with whom the child has lived for at least three years – this doesn’t have to be continuous, but must total three years within the last five years and within the last 3 months.

People Who Need Permission First

Others who wish to apply must first get the court’s permission (called “leave to apply”):

• Grandparents (unless the child has lived with them for three years)
• Other family members like aunts, uncles, or siblings
• Step-parents who don’t have parental responsibility
• Former partners of a parent who played a significant role in the child’s life
• Anyone else with a genuine interest in the child’s welfare

To get permission, you’ll need to demonstrate that you have a genuine connection to the child and that your application is in the child’s best interests.

How the Court Decides on Child Arrangements Orders

When making a Child Arrangements Order, the court must follow specific legal principles set out in the Children Act 1989.

The Welfare Checklist

Section 1 of the Children Act 1989 sets out the “welfare checklist” that judges must consider. This includes:

1. The child’s wishes and feelings – the court will consider what the child wants, taking into account their age and understanding. Older children’s views carry more weight
2. The child’s physical, emotional, and educational needs – what does this particular child need to thrive?
3. The likely effect of any change in circumstances – how will different arrangements impact the child?
4. The child’s age, sex, background, and characteristics – the court considers the child as an individual
5. Any harm the child has suffered or is at risk of suffering – this includes physical, emotional, or psychological harm
6. How capable each parent is of meeting the child’s needs – can each parent provide appropriate care?
7. The range of powers available to the court – what orders could be made?

The “No Order” Principle

The Children Act 1989 also includes something called the “no order” principle. This means the court should only make an order if doing so would be better for the child than making no order at all. If parents can agree arrangements between themselves, the court prefers not to interfere.

“We always encourage parents to try to reach agreements through mediation rather than going straight to court. When parents work together to create arrangements, they tend to be more flexible, more sustainable, and cause less conflict for the children. Court orders should be a last resort when all other options have been exhausted.”

— Jess Knauf, Director of Client Strategy at Mediate UK

Shared Care Arrangements

Many parents wonder whether the court will order 50/50 shared care. Whilst shared care arrangements are increasingly common, there’s no presumption or automatic right to equal time. The court looks at what works best for each individual child, considering factors like:

• The child’s age and needs
• The distance between the parents’ homes
• The child’s school location
• Each parent’s work schedule
• The child’s existing routine
• The ability of parents to cooperate and communicate

Want to find out if you need a MIAM before submitting your C100 Application? Use our FREE MIAM CALCULATOR here.

How to Apply for a Child Arrangements Order

If you cannot agree on child arrangements with the other parent, you’ll need to apply to the court for a Child Arrangements Order.

Step 1: Attend a MIAM

Before you can apply for a Child Arrangements Order, you must attend a MIAM (Mediation Information and Assessment Meeting). This is a legal requirement under the Children and Families Act 2014, unless you qualify for an exemption.

At the MIAM, you’ll meet with an accredited family mediator who will:

• Explain how mediation works
• Assess whether mediation could help resolve your dispute
• Discuss alternatives to court proceedings
• Provide information about other support services

If you’re exempt from attending a MIAM (for example, due to domestic abuse, urgency, or if the other party is outside England and Wales), you’ll need to provide evidence of your exemption.

Step 2: Complete Form C100

To apply for a Child Arrangements Order, you need to complete a C100 form (Application for a court order). This 34-page form asks for detailed information about:

• You and the other party
• The children involved
• What orders you’re applying for
• Your MIAM attendance or exemption
• Any safety or safeguarding concerns
• Previous court orders or proceedings

Step 3: Submit Your Application

You submit your C100 form to your nearest family court along with:

• The court fee of £232 (or an application for fee exemption if you’re on certain benefits or a low income)
• Your MIAM certificate signed by an accredited mediator
• Any supporting evidence

Step 4: Court Process

Once your application is submitted:

1. The court acknowledges your application and sets a date for the first hearing
2. CAFCASS (Children and Family Court Advisory and Support Service) conducts safeguarding checks
3. The other party is served with your application and has the opportunity to respond
4. You attend a First Hearing Directions Appointment (FHDRA), typically 4-6 weeks after application
5. If no agreement is reached, further hearings may be scheduled
6. A final hearing takes place where the judge makes a decision

The entire process typically takes 6-12 months from application to final order, though simple cases can be resolved much faster.

What Happens If You Agree to Change the Arrangements?

Life doesn’t stand still after a Child Arrangements Order is made. Parents’ circumstances change, children get older, and what worked when the order was made might not work a year or two later.

Informal Agreements

If both parents agree to depart from the arrangements set out in the Child Arrangements Order, it’s not automatically a breach of the order. Parents can agree between themselves to be flexible with arrangements, for example:

• Swapping weekends due to special events
• Changing handover times to accommodate work schedules
• Adjusting holiday arrangements
• Allowing extra time during school holidays

Important Limitation of Informal Changes

However, there’s a significant limitation you need to understand: informal changes are not legally binding. This means:

• If the agreement breaks down, you must revert to the original court order
• You cannot enforce informal arrangements through the court
• The other parent can choose to go back to the original order at any time

If you want changes to be legally binding and enforceable, you need to apply to vary the order formally through the court.

How to Vary a Child Arrangements Order

The family court recognises that circumstances change over time and that children’s needs evolve as they grow older. You can apply to vary (change) an existing Child Arrangements Order if there’s been a significant change in circumstances.

When Might You Need to Vary an Order?

Common reasons for varying a Child Arrangements Order include:

• One parent is relocating to a new area
• The child’s needs have changed as they’ve got older
• A parent’s work circumstances have changed significantly
• The child has expressed a strong wish for different arrangements
• There are concerns about the child’s welfare under current arrangements
• A parent has remarried or has a new partner
• The child has started a new school

How to Apply for Variation

To vary a Child Arrangements Order, you’ll need to:

1. Attend a MIAM (unless exempt) to see if you can reach agreement
2. Complete a C100 form explaining what changes you want and why
3. Demonstrate that the proposed changes are in the child’s best interests
4. Submit your application with the court fee

The court will follow the same process as a new application, considering the welfare checklist and what’s best for the child. You’ll need to show that there’s been a material change in circumstances since the original order was made.

“We’ve supported many parents who needed to vary their Child Arrangements Orders as children got older or circumstances changed. Before going to court, it’s always worth trying mediation again. We’ve helped parents reach agreements on variations without needing court involvement, which saves time, money, and stress for everyone, especially the children.”

— Jess Knauf, Director of Client Strategy at Mediate UK

What Happens If Someone Breaches a Child Arrangements Order?

A Child Arrangements Order is a legally binding court order. If someone doesn’t follow it, they’re in breach of the order, which can be a serious matter.

Common Examples of Breaches

Breaches of Child Arrangements Orders can include:

• Not allowing the child to spend time with the other parent as ordered
• Failing to return the child at the agreed time
• Cancelling contact without good reason
• Consistently arriving very late for handovers
• Taking the child on holiday without consent when not permitted by the order
• Moving house beyond the distance allowed by the order

How Breaches Are Dealt With

The court doesn’t monitor Child Arrangements Orders after they’re made. The court only becomes aware of breaches if someone makes a formal application for enforcement.

Under Section 11J of the Children Act 1989, the court can only make an Enforcement Order if it is satisfied beyond reasonable doubt that someone has failed to comply with the order. This is a high standard of proof, similar to criminal cases.

What is a “Reasonable Excuse”?

The court won’t make an Enforcement Order if the person had a reasonable excuse for not complying. Examples of reasonable excuses might include:

• The child was genuinely ill and couldn’t travel
• There was an emergency that prevented compliance
• Severe weather made it unsafe or impossible to travel
• There was a genuine misunderstanding about the order’s terms

However, excuses like “the child didn’t want to go” or “I forgot” are generally not considered reasonable.

What Enforcement Options Are Available?

If the court is satisfied that someone has breached the order without reasonable excuse, it can make various types of Enforcement Orders:

• Warning – a formal warning that further breaches will result in more serious consequences
• Unpaid work requirement – ordering the person to complete between 40 and 200 hours of unpaid community work
• Financial compensation – ordering the person to pay financial compensation for losses caused by the breach
• Transfer of residency – the court can order the child lives with the other parent to ensure they see them.
• Fine – imposing a financial penalty
• Committal to prison – in the most serious cases, the person can be sent to prison for contempt of court (though this is rare and used only as a last resort)

Before Applying for Enforcement

Before rushing to court, consider:

• Whether there might be a reasonable explanation for the breach
• Whether mediation could help resolve the issue
• Whether the order needs varying rather than enforcing (perhaps circumstances have genuinely changed)
• What’s in the child’s best interests, the court will always consider this first

Travel and Changing a Child’s Surname

When a Child Arrangements Order is in force, there are specific rules about taking children abroad and changing their names.

Taking a Child Abroad

Under Section 13(2) of the Children Act 1989, the person with whom the child lives (as stated in the order) automatically has permission to take the child out of England and Wales for up to one month without needing consent from anyone else.

However:

• The order may include specific conditions, such as having to give notice to the other parent or provide details about the trip
• The permission only extends to trips of up to one month
• For longer trips or permanent relocation, you need either written consent from everyone with parental responsibility or permission from the court
• The person with whom the child spends time (but doesn’t live with) does NOT have this automatic right and must get consent or court permission for any foreign travel

Changing a Child’s Surname

Section 13(1) of the Children Act 1989 states that when a Child Arrangements Order is in force, no one can change the child’s surname unless:

• Everyone with parental responsibility agrees in writing, or
• The court grants permission

This applies even to the parent with whom the child lives. You cannot simply change your child’s surname to your new married name or your partner’s name without consent or a court order.

The court takes name changes very seriously because a child’s name is an important part of their identity and their connection to both sides of their family.

How Long Does a Child Arrangements Order Last?

The duration of a Child Arrangements Order depends on which element of the order you’re referring to.

Contact Arrangements (“Spends Time With”)

Under Section 91(10) of the Children Act 1989, the contact arrangements in a Child Arrangements Order remain legally binding until the child reaches 16, unless the order specifically states a different end date.

After age 16, it’s up to the child to decide how much contact they want with each parent. The court recognises that teenagers should have autonomy over their relationships.

“Lives With” Arrangements

The “lives with” element of a Child Arrangements Order technically remains in force until the child turns 18. However, the court is very reluctant to enforce residence arrangements for children over 16 unless there are exceptional circumstances.

In practice, most 16- and 17-year-olds have significant say over where they live, and courts will rarely force a teenager to live somewhere they strongly don’t want to be.

Can an Order Be Extended Beyond These Ages?

In exceptional circumstances, the court can extend orders beyond the usual age limits. This might happen if:

• The young person has significant special needs or disabilities
• There are unusual circumstances that warrant continued court oversight
• The young person is particularly vulnerable

However, such extensions are rare and require strong evidence that they’re necessary and in the young person’s best interests.

What If Parents Informally Agree to Different Arrangements?

Many parents find that as time passes, they’re able to be more flexible with arrangements than the rigid terms of their Child Arrangements Order. This is actually positive, as it shows parents working together for their children’s benefit.

Advantages of Informal Flexibility

• Arrangements can adapt to changing circumstances quickly
• Reduces conflict and legal costs
• Shows children that parents can cooperate
• Allows for spontaneous opportunities like extra visits or activities

Disadvantages and Risks

• No legal enforceability if the agreement breaks down
• Either party can revert to the strict terms of the order at any time
• Can lead to misunderstandings about what was actually agreed
• May create expectations that later cannot be met

Best Practice

If you’re regularly departing from your Child Arrangements Order by agreement:

• Keep clear records of what you’ve agreed
• Communicate agreements in writing (text or email) to avoid misunderstandings
• If the changes are working well long-term, consider applying to vary the order formally
• Remember you can always fall back on the original order if needed

Can a Child Arrangements Order Be Discharged?

Yes, a Child Arrangements Order can be discharged (cancelled) before it expires. Either parent can apply to discharge an order if circumstances have changed significantly.

When Might an Order Be Discharged?

• Parents have reconciled and are living together again
• The child has moved abroad permanently with consent
• Both parents now agree on arrangements and no longer need court oversight
• The child is approaching the age where the order would naturally expire anyway

To discharge an order, you’ll need to apply to the court and demonstrate that it’s in the child’s best interests for the order to end.

“We’ve worked with parents who had Child Arrangements Orders in place but had moved past the conflict that led to court. They were able to communicate well and make decisions together. In these cases, discharging the order can be positive, it acknowledges that parents no longer need court oversight and can manage arrangements cooperatively.”

— Jess Knauf, Director of Client Strategy at Mediate UK

The Role of CAFCASS

When you apply for a Child Arrangements Order, CAFCASS (Children and Family Court Advisory and Support Service) will be involved in your case. In Wales, this is CAFCASS Cymru.

What Does CAFCASS Do?

CAFCASS officers are social workers who represent children’s interests in family court proceedings. They:

• Conduct safeguarding checks on both parents
• Contact both parties to discuss the case
• Prepare reports for the court
• May speak directly with the children, depending on their age
• Attend court hearings to advise the judge
• Recommend what arrangements they believe are in the child’s best interests

Section 7 Reports

In some cases, the court will order a detailed Section 7 report. This is a comprehensive welfare report that examines:

• Each parent’s home environment
• The child’s wishes and feelings
• Each parent’s ability to meet the child’s needs
• The child’s relationship with each parent
• Any safeguarding concerns
• What arrangements would best serve the child’s interests

Section 7 reports carry significant weight with judges, though they’re not binding. The judge will consider the report alongside all other evidence.

Costs of Child Arrangements Orders

Understanding the costs involved in obtaining a Child Arrangements Order can help you plan and make informed decisions.

Court Fees

• C100 application: £232
• Variation application: £232
• Enforcement application: £232

Fee exemptions are available if you’re on certain benefits or have a low income. You can apply using form EX160.

Legal Costs

If you use a solicitor:

• Initial advice and application: typically £1,500-£3,000
• Representation through full proceedings: £5,000-£15,000 or more for complex cases
• Barrister for final hearing: £1,000-£3,000 per day

Many people represent themselves (as litigants in person) to save costs, though professional advice can be valuable for complex cases.

Mediation Costs

• MIAM: £120-£150
• Mediation sessions if you proceed: typically £120-£150 per person per session
• Most people will be eligible for the government’s £500 voucher scheme
• Most cases resolve in 3-5 sessions

Legal aid may be available for mediation in cases involving domestic abuse or financial hardship.

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