Child Arrangements – Full Guidance (UK)

The Legal Definition

Section 8 of the Children Act 1989 defines a Child Arrangements Order as an order regulating arrangements relating to:

• with whom a child is to live, spend time or otherwise have contact
• when a child is to live, spend time or otherwise have contact with a person

This allows an order to deal with both living arrangements and different forms of contact.

Direct and Indirect Contact

Contact does not always have to mean face-to-face contact.

Depending on the child's welfare and circumstances, arrangements can include:

• face-to-face time
• overnight stays
• supervised time
• telephone calls
• video calls
• letters
• messages

The Exact Rules Are More Detailed

The list above is a simplified overview.

HMCTS guidance sets out the exact categories of person who may apply directly and those who need the court's permission.

For example, some non-parents may be able to apply without prior permission where:

• the child has lived with them for a qualifying period
• relevant people with parental responsibility consent
• they are already named in a Child Arrangements Order
• other statutory conditions apply

A grandparent does not automatically have an unrestricted right to apply for a Child Arrangements Order simply because they are a grandparent.

MIAM Exemptions Exist

You do not have to attend a MIAM in every case.

Family Procedure Rule 3.8 contains exemptions which can include circumstances involving:

• specified domestic abuse evidence
• child-protection concerns
• urgency
• risk of harm
• certain previous MIAM attendance
• other specified circumstances

An exemption should only be claimed where the requirements are actually met.

Up to £500 Towards Mediation

The Family Mediation Voucher Scheme can currently contribute up to £500 towards eligible mediation sessions.

The voucher does not normally pay for the MIAM itself.

Online Applications

Eligible applicants can also apply through the GOV.UK online child-arrangements service.

Current Court Fee

From 13 July 2026 the fee for a new Children Act application such as a Child Arrangements Order, Specific Issue Order or Prohibited Steps Order is currently:

Help with Fees may be available for people on a low income or receiving certain benefits.

Allegations of Harm – Form C1A

Where an application involves allegations or concerns about harm, domestic abuse or risk to a child, additional information may need to be provided using the relevant safeguarding section and, where applicable, Form C1A.

What Usually Happens Before the First Hearing

When Cafcass receives a private-law application from the court, it normally:

1. reviews the application
2. undertakes police safeguarding checks
3. undertakes local-authority safeguarding checks
4. usually interviews each adult party by telephone
5. provides safeguarding advice to the court

Cafcass does not normally interview the child as part of the initial pre-FHDRA safeguarding telephone process.

Direct work with the child is more likely later if further assessment, such as a Section 7 report, is ordered.

What the Checks Actually Involve

Cafcass carries out checks with the police and relevant local authorities.

Information raised during the adult telephone interviews can also identify concerns involving matters such as:

• domestic abuse
• substance misuse
• mental-health difficulties
• violence
• neglect
• other risks of harm

This does not mean every allegation is automatically treated as established fact. The information has to be considered and, where necessary, investigated further.

The Safeguarding Letter

Cafcass says that in the standard private-law process it aims to provide the court with the safeguarding letter at least three days before the first hearing.

The letter can contain:

• current child arrangements
• police-check information
• local-authority information
• issues raised in the parent interviews
• analysis of harm or risk of harm
• recommendations about next steps

What Practice Direction 12B Says

Under the standard Child Arrangements Programme, the FHDRA should ordinarily take place around week 5 after issue and at the latest around week 6, subject to the circumstances and court directions.

At the hearing the court may:

• identify the issues in dispute
• consider safeguarding concerns
• encourage safe agreement
• make interim arrangements
• give case-management directions
• order a Section 7 report
• consider whether fact-finding is required
• list a further hearing

Not every court area now follows exactly the same traditional FHDRA-based sequence because the Child Focused Model is being rolled out across England and Wales.

Follow the directions issued in your own case.

What May Happen During a Section 7 Assessment

Depending on what the court has directed, the Family Court Adviser may:

• speak with each parent
• engage directly with the child
• usually speak to an older child separately
• observe a younger child with a parent or carer
• speak to teachers
• speak to health professionals
• speak to relevant family members
• analyse harm and risk of future harm
• make recommendations to the court

Cafcass expressly states that the child should not be asked to choose between their parents.

If You Disagree With a Section 7 Report

A Cafcass recommendation is important evidence, but it is not the final court decision.

If you believe a report contains factual mistakes, missing evidence or conclusions you disagree with, raise the issues through the court process.

Focus on:

• specific factual errors
• the evidence supporting your position
• important evidence that was not considered
• how the issue affects the child's welfare

The Full Welfare Checklist

Section 1(3) requires the court, in relevant contested proceedings, to consider:

1. the ascertainable wishes and feelings of the child, considered in light of their age and understanding
2. the child's physical, emotional and educational needs
3. the likely effect of any change in circumstances
4. age, sex, background and other relevant characteristics
5. harm suffered or risk of harm
6. how capable each parent or other relevant person is of meeting the child's needs
7. the range of powers available to the court

The “No Order” Principle

The Children Act also provides that the court should not make an order unless it considers that making the order would be better for the child than making no order at all.

This is why the Family Court encourages parents to make safe, workable arrangements themselves where possible.

No Automatic 50/50 Rule

Parental involvement does not mean that the law requires a particular division of a child's time.

The court considers what arrangement works for the individual child.

Factors may include:

• distance between homes
• school attendance
• childcare
• age
• additional needs
• parents' availability
• travel time
• the child's wishes and feelings
• any safeguarding concerns

Practice Direction 12J

PD12J applies where domestic abuse is alleged, admitted or there is other reason to believe that a child or party has experienced domestic abuse or is at risk.

The court must consider the effect of the alleged or established abuse on:

• the child
• the parent caring for the child
• the safety of proposed arrangements
• the risk of future harm

A Fact-Finding Hearing Is Not Automatic

The court decides whether disputed allegations need to be determined through a separate fact-finding hearing.

The question is whether determining the disputed facts is necessary to decide the child-welfare issues in the case.

Domestic Abuse Can Include Coercive Control

Domestic abuse is not limited to physical violence.

It can include:

• controlling behaviour
• coercive behaviour
• emotional abuse
• psychological abuse
• economic abuse
• threats
• harassment
• physical or sexual abuse

Children Do Not Make the Court Decision

Wishes and feelings are important, but there is no automatic age at which a child simply chooses the outcome.

The amount of weight placed on a child's views depends on matters including:

• age
• understanding
• maturity
• the circumstances of the case
• the wider welfare evidence

Cafcass states that a child should not be made responsible for deciding between their parents.

Parents Can Make Arrangements Without Court

Where parents agree and it is safe to do so, GOV.UK allows them to make their own child-arrangements plan.

This can cover:

• where the child lives
• time with each parent
• holidays
• telephone/video contact
• other practical arrangements

A voluntary parenting plan is not automatically legally binding.

Consent Orders

If parents have reached agreement but want that agreement made legally binding, they may be able to apply for a consent order.

A judge or magistrates will consider whether to approve the proposed order.

Form C79

The standard HMCTS application to ask the court to enforce a Child Arrangements Order is:

Form C79

The current fee for an enforcement application is £270.

What Enforcement Can Include

GOV.UK specifically identifies:

• an enforcement order requiring between 40 and 200 hours of unpaid work
• compensation for financial loss caused by failure to follow the order
• reconsideration or variation of the arrangements where appropriate

Other sanctions can arise under different court powers in appropriate circumstances, but a fine is not an automatic consequence of every breach.

Enforcement Is Not About Punishment Alone

The court will consider what has happened, why the order was not followed, whether there was a reasonable excuse and what outcome now best protects the child's welfare.

Keep records of:

• dates contact should have happened
• what actually happened
• communications between parents
• attempts to resolve the problem
• travel or other financial losses

Urgent C100 Applications

A Child Arrangements, Specific Issue or Prohibited Steps application can be marked as urgent where the circumstances justify urgent consideration.

The official HMCTS urgent-hearing guidance explains how to identify the urgency on Form C100.

Without Notice Applications Are Exceptional

An urgent application does not automatically mean the other parent will not be told.

HMCTS guidance says a hearing without notice will generally only be appropriate where, for example:

• giving notice could allow action that defeats the purpose of the application
• giving notice could put an adult or child at risk
• there is exceptional urgency and genuinely no time to give notice

Important Terminology

An “Emergency Child Arrangements Order” is not a separate statutory category of Section 8 order.

It normally means asking the court to consider a Child Arrangements Order application urgently.

A Recovery Order is a separate specialist remedy under the Children Act 1989 and is not the normal emergency replacement for a private-law C100 application.

If you need an urgent order, identify the actual legal order you need rather than relying only on the word “emergency”.

Legal Aid and Domestic Abuse

Legal aid may be available where the financial eligibility requirements are met and there is qualifying evidence that you or your child experienced domestic abuse.

Evidence can potentially come from sources including:

• police
• courts
• social services
• health professionals
• domestic-abuse services
• other qualifying organisations

Representing Yourself

You do not have to have a solicitor to make a Family Court application.

People who represent themselves are commonly referred to as Litigants in Person.

Evidence Matters – But Allegations Must Still Be Assessed

“Evidence matters more than accusations” does not mean a safeguarding disclosure should be ignored simply because all supporting evidence is not immediately available.

The court and Cafcass should assess relevant allegations, responses, available records and risks.

Where facts are disputed and materially affect the welfare decision, the court may need further evidence or a fact-finding hearing.

Family Court proceedings are not an invitation to submit every disagreement that has occurred during the adult relationship.

Ask:

How does this evidence help the court decide what is best for the child?