When parents separate, decisions about the children are often the most difficult to make. You may need to agree where your child will live, how much time they will spend with each parent, what happens during school holidays, or how handovers will work if communication has broken down.
For many families, these conversations happen at an already stressful and emotional time. Some parents are able to agree arrangements between themselves, while others need legal advice, mediation or support from the family court.
Abigail Cooper, Senior Associate in our Family and Divorce team at Bromleys, explains how Child Arrangements Orders work, when you may need one, and how the court approaches decisions about a child’s welfare.
What is a Child Arrangements Order?
A Child Arrangements Order is a legally binding court order made under the Children Act 1989.
It can set out:
- Who a child lives with.
- When a child spends time with another parent or family member.
- How contact takes place, including face-to-face contact, phone calls, video calls or other arrangements.
Not every family needs a court order. If parents can agree safe and practical arrangements, the court may not need to become involved.
This reflects the “no order principle”, which means the court should not make an order unless doing so would be better for the child than making no order at all.
When might you need a Child Arrangements Order?
A Child Arrangements Order may be needed where parents cannot reach an agreement, or where informal arrangements are no longer working.
This can include situations where:
- Parents disagree about where the child should live.
- Contact arrangements keep breaking down.
- One parent is stopping contact without a lawful reason.
- There are concerns about safeguarding, welfare or domestic abuse.
- A clear legal framework is needed to avoid further conflict.
In these circumstances, a Child Arrangements Order can provide structure, certainty and reassurance for both parents and children.
Do you have to try mediation before applying to court?
In most cases, you will need to attend a Mediation Information and Assessment Meeting, known as a MIAM, before applying to the family court.
A MIAM is a meeting with an accredited mediator to discuss whether the dispute could be resolved without court proceedings. If mediation is safe and suitable, it can help parents reach an agreement more quickly and with less conflict.
There are exemptions. You may not need to attend a MIAM where there is domestic abuse, urgency, child protection concerns, or where you have recently attended a MIAM about the same issue.
Mediation is not right for every family. If there are concerns about coercive control, domestic abuse or risk of harm, it is important to get legal advice before deciding what to do next.
What can a Child Arrangements Order include?
A Child Arrangements Order can be tailored to the needs of the child and the circumstances of the family.
Depending on the situation, it may cover:
- Where the child lives during the week.
- Arrangements for weekends.
- School holiday arrangements.
- Christmas, birthdays and special occasions.
- Handover times and locations.
- Supervised contact.
- Indirect contact, such as calls or messages.
The court does not begin with the assumption that time must be divided equally between parents. The key question is what arrangement is in the child’s best interests.
The law does recognise that parental involvement will usually benefit a child, provided that involvement does not put the child at risk of harm.
How does the court decide what is best for a child?
The child’s welfare is the court’s main consideration.
When making decisions, the court applies the welfare checklist. This includes looking at:
- The child’s wishes and feelings, depending on their age and understanding.
- Their physical, emotional and educational needs.
- The likely effect of any change in circumstances.
- The child’s age, background and any relevant characteristics.
- Any risk of harm.
- How capable each parent or relevant adult is of meeting the child’s needs.
The court will also consider whether making an order is better than making no order at all.
This means the court will not make an order simply because one parent has applied for one.
If parents can reach safe, workable arrangements themselves, a formal order may not be necessary. If agreement is not possible, or if the child’s welfare requires clear boundaries, the court can step in.
What happens after you apply for a Child Arrangements Order?
Most applications are made using Form C100.
Once the application has been issued, Cafcass will usually carry out initial safeguarding checks with the police and local authority. The case will then normally be listed for a First Hearing Dispute Resolution Appointment, often called an FHDRA.
At the first hearing, the court will consider:
- the background to the dispute
- whether there are any immediate safeguarding concerns
- whether agreement is possible
- whether further evidence is needed
- what directions should be made to move the case forward
In some cases, the court may ask Cafcass to prepare a more detailed welfare report, known as a section 7 report. In other cases, the issues may narrow and agreement may be reached without the need for a final hearing.
Timescales vary depending on the court, the issues involved and whether further evidence is needed.
How are domestic abuse or safeguarding concerns dealt with?
Where there are allegations of domestic abuse, coercive control or child harm, the court must consider this at an early stage.
The court may need to decide whether a fact-finding hearing is required. This is where the court considers disputed allegations before making final decisions about child arrangements.
Depending on the level of risk, the court may order:
- Supervised contact.
- Supported contact.
- Indirect contact only.
- No contact for a period of time.
- Protective directions around handovers or communication.
In cases involving safeguarding concerns, early legal advice is particularly important.
The right guidance can help ensure risks are clearly explained to the court and that any arrangements protect both the child and the parent.
Can a Child Arrangements Order be changed?
Yes. Family circumstances can change, and an order that worked at one stage may not continue to meet a child’s needs later on.
You may be able to apply to vary or discharge a Child Arrangements Order if there has been a meaningful change in circumstances. This could include a change in working patterns, a house move, issues with schooling, safeguarding concerns or arrangements that are no longer practical.
If one parent is not following the terms of an order, the court also has enforcement powers. The court will still consider whether there was a reasonable excuse for any breach.
The aim is not simply to have an order in place. The aim is to create arrangements that are stable, realistic and focused on the child’s welfare.
How can Bromleys help with Child Arrangements Orders?
Disagreements about children can feel overwhelming, especially when communication has broken down or emotions are running high. At Bromleys, our family law solicitors provide clear, practical advice to help you understand your options and decide on the right next step for your family.
We can help with parenting agreements, support and advice during mediation, negotiations with the other parent, and applications to the family court where a Child Arrangements Order is needed. Our focus is always on achieving a sensible, child-focused outcome while helping you avoid unnecessary conflict wherever possible.
If you are worried about arrangements for your child, or you are unsure whether you need to apply to court, speak to our family law team today. Call Bromleys on 0161 330 6821, email bromleys@bromleys.co.uk, or complete our online enquiry form and we will call you back.