Applying for a Child Arrangements Order
How to apply to the Family Court for a Child Arrangements Order when parents cannot agree on where a child lives or how much time they spend with each parent.
概述
A Child Arrangements Order (CAO) is a court order under s.8 of the Children Act 1989 that regulates with whom a child lives, when, and with whom they spend time. When separated parents cannot reach agreement through negotiation or mediation, the Family Court can make a CAO. The court's paramount consideration is the welfare of the child (s.1(1) Children Act 1989), applied through the welfare checklist at s.1(3). Before applying to court, most applicants must attend a Mediation Information and Assessment Meeting (MIAM).
逐步流程
Attend a MIAM (Mediation Information and Assessment Meeting)
Before applying to the Family Court for a CAO, you must (in most cases) attend a MIAM — a meeting with a Family Mediator who will explain mediation and assess whether your case is suitable. You do not have to mediate if it is not appropriate (e.g. where there are domestic abuse concerns), but you must attend the MIAM assessment. The court will require proof of MIAM attendance or exemption when you file your application.
- MIAM exemptions include: domestic abuse, urgent risk of harm, or where the other party has not been in contact for a year
- MIAM costs approximately £80–£150 per person — some mediators offer legal aid for MIAM
- If mediation succeeds, a Parenting Plan or Consent Order avoids the need for contested court proceedings
Complete and File Form C100
Apply using form C100, available on the gov.uk website or at the Family Court. The form requires details of the child(ren), the parties, the current arrangements, and what order you are seeking. If there are domestic abuse concerns, complete form C1A alongside. File the C100 at your local Family Court (the 'HMCTS Family Court' in your area). The court fee is currently £232.
- Be clear and specific about what arrangements you are proposing — vague applications produce vague orders
- If there are safeguarding concerns (domestic abuse, child abuse, substance misuse), include these on form C1A
- Legal aid is available for those on low incomes in cases involving domestic abuse — check with a family solicitor
First Hearing Dispute Resolution Appointment (FHDRA)
The court will list an FHDRA — usually within 4–6 weeks of the application. CAFCASS (the Children and Family Court Advisory and Support Service) will carry out safeguarding checks (police and social services checks on both parties) and produce a Safeguarding Letter. The FHDRA is chaired by a judge and a CAFCASS officer. The aim is to identify the issues, explore agreement, and give directions.
- Engage fully and constructively with the CAFCASS officer — their initial checks form the Safeguarding Letter
- Consider what arrangements you would accept — the FHDRA is the best opportunity to settle
- If agreement is reached at FHDRA, the court makes a consent order — proceedings end
CAFCASS Welfare Report (s.7 Report) if Directed
If the case is not resolved at FHDRA and the issues are contested, the court may direct CAFCASS to prepare a s.7 welfare report. A CAFCASS officer will visit each parent, speak to the child (age and maturity depending), and make a recommendation to the court. The s.7 report is not binding on the court but carries significant weight. The report typically takes 3–5 months to complete.
- Prepare for your CAFCASS visit — present yourself as child-focused and willing to promote the child's relationship with the other parent
- Be honest with the CAFCASS officer — inaccurate or exaggerated accounts are often apparent and undermine credibility
- The child's wishes and feelings must be considered, weighted by age and maturity (s.1(3)(a) Children Act 1989)
Dispute Resolution Appointment (DRA) and Final Hearing
After the s.7 report, the court lists a Dispute Resolution Appointment — a final attempt to settle before a contested hearing. If the matter cannot be settled, a final hearing is listed. At the final hearing, the judge hears oral evidence from both parties and makes findings on disputed facts. The CAFCASS officer will usually give evidence on the recommendations. The judge then applies the welfare checklist and makes a final order.
- A final contested hearing can be 1–3 days depending on complexity
- Oral evidence in family proceedings focuses on cross-examination of each party by the other's representative
- Represent yourself or instruct a solicitor or barrister — McKenzie Friends can assist but cannot address the court without permission
Enforce or Vary the Order
If the other party breaches the Child Arrangements Order, you can apply to the court to enforce it using form C79 (enforcement application). The court can impose an unpaid work requirement, a fine, or (in serious cases) imprisonment for contempt. If circumstances change (e.g. the child's needs or a parent's relocation), you can apply to vary the order using form C100.
- Keep a diary of breaches — dates, times, and what happened
- The court expects both parents to facilitate the arrangements in the order
- Repeated, deliberate breaches can lead to a change in the living arrangements
- Parental Alienation — where one parent actively undermines the child's relationship with the other — is taken seriously by courts
费用
重要警告
Making false or exaggerated allegations of abuse to gain tactical advantage in children proceedings is a serious matter — courts can, and do, make findings against parents who do this.
Child Arrangements Orders cannot be enforced by the police — enforcement is through the civil contempt of court procedure.
A CAO does not override a child's wishes once they are old enough to make their own decisions (typically from around 14–16, though there is no fixed age).