What Are the Different Types of Child Arrangements Orders?

Fact checked by Jess Knauf, Director of Client Strategy at Mediate UK | Last updated: 08.04.2026

When parents separate, one of the most common questions is: what type of court order do I actually need? If you are completing a C100 form to apply for a Child Arrangements Order, one of the most important sections asks you to set out what you are applying for. Getting this wrong, or being vague about it, can slow your application down. This guide explains the different types of Child Arrangements Orders, what the old terminology meant, and exactly what to write on your C100 form.

Whether you are trying to sort out where your child will live or how often they will see the other parent, this guide covers what you need to know.

From Custody and Contact to Child Arrangements Orders

If you have been googling around the topic of separated parenting, you might have come across terms like custody order, residence order, and contact order. These terms are still widely used in everyday conversation, but they are no longer the correct legal language in England and Wales.

The Children and Families Act 2014 replaced all of these with a single umbrella term: the Child Arrangements Order (often referred to as a CAO). The idea was to move away from the “winner and loser” framing that the old terms sometimes created, and to focus instead on practical arrangements for children.

It is worth being aware that some parents, and even some online guides, still use the old terms. When you fill in the C100 form, you will need to use the correct current language.

What Is a “Lives With” Order?

A lives with order is the part of a Child Arrangements Order that sets out which parent, or parents, a child will live with. This is what used to be called a residence order.

There are two main versions of a “lives with” order:

• Sole “lives with” order – the child lives primarily with one parent. The other parent may then have a “spends time with” order setting out their contact arrangements.
• Shared “lives with” order – the child lives with both parents. This does not have to mean a strict 50/50 split. It simply means the court recognises the child has a home with both parents.

A shared “lives with” order is not the same as a shared care or shared custody arrangement in the popular sense. It is a legal recognition that a child lives with both parents, but the actual time split can vary considerably. Some families operate a 50/50 pattern; others might be 60/40 or 70/30, and still have a shared “lives with” order in place.

“We often see parents assume that getting a ‘lives with’ order means the other parent loses their rights or their relationship with the child. That is not the case at all. A ‘lives with’ order is simply about where the child calls home. The contact arrangements, and the ongoing parental responsibility both parents hold, are entirely separate matters. Both parents can have a ‘lives with’ order and different amounts of time with the child.”

Jess Knauf, Director of Client Strategy at Mediate UK

What Is a “Spends Time With” Order?

A spends time with order is the part of a Child Arrangements Order that sets out when a child will see the parent they do not primarily live with. This replaces the old contact order.

This type of order can cover:

• Regular overnight stays (such as every other weekend)
• Daytime contact without staying over
• Holiday contact (school holidays, Christmas, Easter)
• Special occasions such as birthdays
• Indirect contact, such as video calls, phone calls, or letters

In most cases where one parent has the children living primarily with them, a “spends time with” order is made in favour of the other parent. The level of detail in these orders varies: some are quite specific (setting out exact days, times, and handover arrangements), while others are framed more broadly.

Courts will generally favour arrangements that allow a child to maintain a meaningful relationship with both parents, unless there are safeguarding concerns.

Other Orders You Can Apply for on a C100 Form

A C100 form is used not only for Child Arrangements Orders but also for two other types of order under the Children Act 1989:

Prohibited Steps Order

A Prohibited Steps Order stops a parent from taking a specific action without the court’s permission. This is commonly used to prevent a parent from removing a child from England and Wales, changing a child’s school, or changing a child’s surname without the other parent’s agreement.

Specific Issue Order

A Specific Issue Order asks the court to make a decision about a particular aspect of a child’s upbringing that the parents cannot agree on. Common examples include which school a child attends, what medical treatment they receive, or whether they should be raised in a particular religion.

Both of these can be applied for at the same time as a Child Arrangements Order, or separately, using the same C100 form.

How to Describe the Type of Order on Your C100 Form

Section 5 of the C100 form asks you to describe the order you are applying for. This is one of the most important sections to get right. Being too vague can cause delays; being unclear about the type of order can mean the court needs to ask you for more information before your application proceeds.

Here are some practical examples of how to phrase different types of application:

Try to be specific about what you are asking for, but do not worry about getting the legal wording exactly right. The court will interpret your application, but clear language helps avoid unnecessary delays.

If you are unsure how to phrase your application or whether you are applying for the right type of order, a family law solicitor or a C100 completion service can help you get it right first time.

Before You Submit Your C100: The MIAM Requirement

Before you can submit a C100 application in most circumstances, you are required to attend a MIAM, which stands for Mediation Information and Assessment Meeting. This is a short, private meeting with an accredited family mediator where you find out about mediation as an option and whether it might work for your situation.

Once you attend a MIAM, the mediator signs your C100 form to confirm you have met this requirement. Without that signature, the family court will not accept your application, except in a small number of exempt circumstances (such as cases involving domestic abuse, or urgent safeguarding matters).

A MIAM does not mean you have to go to mediation. It simply means you have had a conversation about it. Many parents find that once they understand how mediation works, they are able to reach an agreement without going to court at all.

What Does the Court Consider When Making a Child Arrangements Order?

When a judge considers what type of Child Arrangements Order to make, their decision is guided by what is known as the “welfare checklist,” set out in the Children Act 1989. The child’s welfare is the court’s paramount consideration.

The checklist includes:

• The ascertainable wishes and feelings of the child (considered in light of their 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 any relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent is of meeting the child’s needs
• The range of powers available to the court

Courts do not automatically favour one parent over the other. The focus is entirely on what arrangements will best serve the child’s wellbeing.

There is also a general principle in the Children Act 1989 known as the “no order” principle: courts will only make an order if doing so is better for the child than making no order at all. If parents can reach agreement between themselves, either through direct negotiation or through mediation, a court order may not be necessary at all.

What Does a C100 Application Cost?

The court fee for submitting a C100 application is £270. This is payable directly to HM Courts and Tribunals Service when you submit your application. If you are on a low income, you may be able to get help with this fee through the Help with Fees scheme.

On top of the court fee, you may also have costs for attending your MIAM, any legal advice or support you take, and representation if the case proceeds to a hearing.

About The Author

Jess Knauf

administrator

Jess Knauf is the Director of Client Strategy at Mediate UK, Co-founder of Family Law Service and lead author at C100form.co.uk.

With over six years of experience in family mediation across England and Wales, she specialises in C100 court applications, MIAM assessments, child arrangements guidance and divorce mediation. Jess is a member of Resolution, the national organisation of 6,500 family law professionals committed to constructive resolution, and the published author of “The Complete Guide to Divorce in England and Wales 2026” available on Amazon.

She fact-checks all family law content published across C100Form.co.uk to ensure accuracy and compliance with current UK legislation.

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