Child Arrangement Orders

This guidance was updated in September 2024.

You may find it useful to refer to our glossary of legal terms for guidance on unfamiliar terms.

Types of orders

The types of orders that you can apply for in relation to children are:

1. Child Arrangements Order (CAO)

This type of order contains the following:

1. “a live with order” – setting out with whom a child is to live, spend time with or otherwise have contact; and
2. “spend time with order” – setting out when a child is to live, spend time with or otherwise have contact with another person

Who can apply for a Child Arrangements Order

The following can apply for a CAO:

• The child’s parent, guardian or special guardian.
• The child’s step-parent or any person who has parental responsibility (PR) for the child under a PR agreement or order.
• Any person named as the person with whom the child is to live in a CAO that is in force.
• Any person in a marriage or civil partnership (whether subsisting or not) in relation to whom the child has been treated as a child of the family.
• Any person who the child has lived with for three years. This period need not be continuous but must not have begun more than five years before and ended three months before the application being made.
• Any person who has the consent of each person(s) named in a CAO that is in force, as the person(s) with whom the child is to live.
• Any person who has the consent of the local authority where the child is in local authority care.
• Any person who has the consent of each person(s) with PR for the child.
• Any person (who is not the child’s parent or guardian) who has PR for the child by being named in a CAO as the person with whom the child is to spend time or otherwise have contact.

The following can also apply for a CAO regulating with whom a child is to live or when the child is to live with any person or both:

• A local authority foster parent who has had the child living with them for one year immediately before the application is made.
• A child’s relative who has had the child living with them for one year immediately before the application is made.

A person who does not fall into one of the categories set out above must first apply for permission to make an application for a CAO.

2. Specific Issue Order

An order dealing with a specific issue that has arisen regarding the exercise by one parent of their parental responsibility. For example, resolving a disagreement between parents about which school a child should attend.

3. Prohibited Steps Order

This is an order specifically to prevent the other person taking a particular step in exercise of parental responsibility. For example, to stop a child being removed from the country by the other parent.

Legal representation

You can find a Resolution specialist here. They will be able to advise you about your application

You may be entitled to free legal representation. Further detail can be found here.

Apply for an order

1. Before making an application, you are required to have a Mediation Information Assessment Meeting (MIAM) and you must invite your former partner to attend unless an exemption applies.  At these meetings, a mediator discusses the dispute with each of you and assesses whether other forms of dispute resolution (such as family mediation, collaborative practice or arbitration) can assist in resolving the dispute. You can find a Resolution accredited mediator here.
2. If you cannot resolve the dispute in mediation, you can make the application here or by completing the application form (C100) and sending it to the Family Court. You will need to confirm your attendance at a MIAM or, give reasons for non-attendance by ticking the relevant boxes/completing the relevant sections at 2 and 3 on the form.  The mediator, if you saw one, will need to tick the relevant box at question 4 and then sign where marked.
3. If you have answered ‘yes’ to any of the questions in the section entitled ‘concerns about risk of harm’ on the first page of the C100, you will also need to complete a supplemental form (C1A) which can be found here.
4. If you are making a paper application, and want to keep your address and telephone number private, you should also complete a C8 and send this to the court at the same time. The form can be found here.  Once you have completed the form/s, you should send the original form plus three copies to the nearest court that deals with cases involving children.  The link to which court this is can be found here and you will need to type in the postcode to find the nearest court.
5. You will also need to pay a court fee of £255. You can pay this by card, cheque or postal order. If you are paying it by card, you should include your details on the C100. A member of the court staff will call you to make a payment. If you are paying by cheque, you should send a cheque to the court with your application payable to ‘HM Courts & Tribunal Service’.

You may be eligible for a full or partial reduction in the court fee, if you are on a low income. Details of eligibility can be found here. The application can either be made online or by completing an EX160 Form and sending it to the court with your application. Details are at the same link.

Having received the documents the court will fix a hearing date (First Hearing Dispute Resolution Appointment.).  You will receive notification of this.  You should attend the hearing.  The court will send a copy of your application and notice of the hearing date to the other person and invite them to attend.

First Hearing Dispute Resolution Appointment

Your first hearing will be held in private and in most cases only you, the other person, and any legal representatives, can attend.  A Cafcass officer may also be present (see below).  If you need extra support or assistance you can ask the court for this, in advance and it may be agreed that you can take a friend or relative into court with you if you do not have a solicitor.  They will not be able to talk on your behalf but can offer you support.

You might find it useful to refer to our Top Tips for Representing yourself in Court as a Litigant in Person.

Prior to the first hearing you will be contacted by a court welfare officer (also known as a Children and Family Court Advisory and Support Service (Cafcass).  They will want to talk to each of you about the application and will carry out some initial safeguarding checks with the Police and Social Services.  Their role is to assist the Court and, as part of that, they will produce a short report ahead of the first hearing.

At the hearing you will both have an opportunity to speak to Cafcass.

The purpose of the first appointment is for the Court to see what the situation is, to consider what agreed orders can be made and to make orders to progress the case further with a view to concluding the case, either by agreement or by making a decision following a final hearing.

The judge and Cafcass will aim to discuss issues openly between you and the other party and each of you will have an opportunity to address the court.

If an agreement can be reached about all or part of the dispute, the court can make an order recording the agreement reached.

If agreement is not reached the court will identify the issues which have not been reached and an order will be made, giving directions as to the steps that need to be taken prior to the next hearing, which will usually be a Dispute Resolution Appointment (DRA).

The orders that are made will vary from case to case but generally include the following:

• For both of you to attend a separated parenting programme known as  Planning Together for Children course which usually takes place online and which you would each attend separately;
• ‘ICFA’ (Improving Child and Family Arrangements’) service – a relatively new service designed by Cafcass and which aims to reduce barriers in reaching agreements and promote positive communication with families, as well as to ensure children’s wishes and feelings are considered and to help families agree a Parenting Plan.  This service would need to first be recommended by Cafcass and then, be orderd by the court. See link to Cafcass worksheet here.
• For both of you to file statements setting out your respective cases;
• For a section 7 welfare report to be prepared (either by Cafcass or Children’s Services). If this is ordered, it can involve the Cafcass officer visiting the homes of the parties, meeting and speaking with each of you as well as with other significant adults (such as teachers) and with the child/ren.

Depending on the facts of the case, there may also be orders made for police disclosure, as well as for medical evidence to be produced.

Consideration of a Fact Find Hearing

Where allegations of abuse have been made by one/both parties, the court has a duty to decide whether it will hold a separate hearing, known as a Fact Find hearing,  The purpose of such a hearing would be to assist the court with matters such as:

• providing a factual basis for a welfare report;
• providing a basis for an accurate assessment of risk;
• making decisions about any welfare based child arrangements orders.

Not all cases in which abuse is alleged require there to be a Fact Find hearing and the views of all parties, including those of Cafcass, would be taken into account before the court makes a decision to hold a Fact Find hearing.

If the court decides to hold a Fact Find hearing, it will usually make this decision either at the first hearing or, at the DRA and thereafter, it will give directions for filing and serving of evidence.  The Fact Find hearing will take place before any final hearing.

Emergency orders

In certain situations, you may require an urgent order.  For example, an order for the urgent return of a child. If so, you should ask for an emergency order when you apply. If you require an urgent order you should contact your local Family Court first. Details can be found here.

Depending upon the circumstances, it may be appropriate to make the application, without telling the other person that you are applying. This is  known as a ‘without notice’ or ‘ex-parte’ application.

The court will hold a hearing which you must attend. If the court make an order, it will normally last until the date of the next hearing. The other party is then given notice and invited to attend a further hearing when the matter will be reconsidered with both of you present.

Dispute Resolution Appointment (DRA)

After the steps, that were ordered at the first hearing, have taken place and required documents produced, a further hearing will take place.  This is called a ‘Dispute Resolution Appointment’.

The purpose of this hearing is for the parties and the Court to consider those documents, with a view to seeing whether an agreement can be reached, and, if not, what steps need to happen to progress the case further, ultimately to a final hearing.

At the DRA the court will try to resolve the issues in dispute by hearing submissions from each of the parties.  If no agreement is reached then the next step will be to give further directions in preparation for the final hearing.  The further directions may include the filing of further evidence and, where a section 7 report has been filed, directing that each party files responses/comments to the recommendations that have been set out within that report.

Final hearing

At the final hearing, both parties, and generally also, the author of the Section 7 report, will give oral evidence. The court may sometimes hear from other witnesses where permission has been given for those witnesses to prepare witness statements.

The court will consider both the written and oral evidence in order to make a decision. That decision will be set out in a final order and the case will be finished.

Please do bear in mind that every case is different and there may be variations in the way in which they proceed, the orders made and the amount of hearings that take place.  In many cases, an agreement is reached before a final hearing and where this happens, the court can then make an agreed final Order and the proceedings are brought to an end.