When couples separate, it’s often an emotional and stressful time. Trust and communication can easily break down, making it much harder to reach an agreement about the children — and that’s where legal guidance can make a real difference.
We’ve put together this guide to help you understand your legal options, position and processes.
What Is a Child Arrangements Order?
A Child Arrangements Order is a legal document that sets out:
• Who your child will live with, and
• When and how they’ll spend time with each parent (or another significant person in their life).
These orders replace what used to be called “custody” or “residence” and “contact” orders. The goal isn’t to “choose sides” — it’s to ensure your child has a safe, secure, and loving environment.
The court’s main concern will always be the best interests of the child. That means decisions are based on factors such as your child’s needs, emotional wellbeing, and the importance of maintaining positive relationships with both parents wherever possible.
Reaching an Agreement Without Court
Before you make an application for a child arrangements order, you should try to agree on the arrangements with the other party. You can consider preparing a parenting plan; a written statement that both parents sign up to establish the ground rules of shared parenting.
Mediation, can also assist parents in reaching an agreement about arrangements for their children, by giving both parties the opportunity to talk things through with the support of an impartial mediator.
Mediation is often quicker, less stressful, and less costly than going to court.
You can find out more about the process here or through the Family Mediation Council.
However, if communication breaks down or an agreement simply can’t be reached, applying for a Child Arrangements Order through the court may be the next step.
When Court Involvement Becomes Necessary - Applying for a Child Arrangements Order
When parents can’t reach an agreement about their children’s care or living arrangements, it may be necessary to apply to the Family Court for a Child Arrangements Order.
Before applying, it’s important to speak with a specialist family and children solicitor. They’ll help you explore whether an agreement can be reached without going to court and ensure your application is properly prepared if court action is needed.
Step 1: Mediation Information & Assessment Meeting (MIAM)
Before an application can be made, most people must attend a Mediation Information and Assessment Meeting (MIAM). This isn’t mediation itself, but an opportunity to learn whether mediation could help resolve your dispute. There are some exemptions, and your solicitor can advise if these apply.
Step 2: Making the Application (Form C100)
If mediation isn’t appropriate or doesn’t work, your solicitor can help you complete and submit Form C100 to the Family Court. Once submitted, the court will issue your application and set a first hearing date.
Step 3: The First Hearing
You and the other parent (plus a CAFCASS* officer) will attend this initial hearing, often held remotely. The court will encourage you to reach an agreement. If that’s possible, your arrangements can be approved and finalised there and then. If not, the court may order further reports, statements, or additional hearings.
* CAFCASS is the Children and Family Court Advisory and Support Service - an independent organisation that looks out for the interests of children in family law cases.
Step 4: The Welfare Test
In every case, the court’s primary focus is the child’s best interests, considering factors like their needs, wishes, safety, and family circumstances.
Step 5: The Final Hearing
If agreement still isn’t reached, the court will decide at a final hearing, considering evidence, welfare reports, and testimony. The resulting order is legally binding, and any future changes must be agreed or approved by the court.
Who Can Apply for a Child Arrangements Order?
While most applications come from parents, others may apply too — including step-parents, guardians, or grandparents.
Anyone with parental responsibility can apply directly. If you don’t have parental responsibility (for example, as a grandparent or another relative), you may need permission from the court first.
Our family solicitors can guide you through this process, helping you prepare your application and supporting documentation to give you the best possible chance of success.
How Long Does a Child Arrangements Order Take?
The process can vary, but typically, obtaining a Child Arrangements Order takes 6 months to 2 years. The timeframe depends on several factors, including:
• Whether an agreement can be reached partway through
• The number of hearings required
• The complexity of the case
• The need for reports or safeguarding investigations
Throughout this process, your specialist family lawyer will be by your side — keeping you informed, managing paperwork, and representing your best interests at every stage.
How Long Does a Child Arrangements Order Last?
A Child Arrangements Order usually lasts until the child reaches:
• 16 years old for contact arrangements (where and when they spend time with each parent), and
• 18 years old for residence arrangements (where they live).
That said, courts are generally reluctant to enforce residence arrangements beyond age 16, as children are typically old enough to express their own preferences by then.
Common Arrangements
The most common setup is often shared care, also known as joint residency, where both parents play an active role in their child’s life.
This might mean:
• Weekdays with one parent and weekends with the other, or
• Alternating weeks or a flexible schedule based on the child’s needs.
The aim is to promote consistency and ensure both parents remain fully involved in decisions about education, healthcare, and other key aspects of life.
However, every family is unique. The right arrangement depends on your child’s age, emotional needs, and the dynamics between you as parents.
How much does it cost to get a Child Arrangement Order in the UK?
Court applications for a Child Arrangement Order currently cost £263 (October 2025). You will also need to consider additional costs throughout the process, such as legal fees.
The exact costs will depend on the complexity of the case, and whether an agreement can be reached through mediation, at a preliminary hearing, or whether the case goes all the way to a final hearing.
At SH&Co., we will discuss fees based on your circumstances, remaining fully transparent about our costs.
A Calm, Compassionate Approach
At Susan Howarth & Co., we know how stressful family breakdowns can be. Our goal is to bring stability and clarity to your situation — helping you make confident, informed decisions that protect your child’s wellbeing.
We believe in a conciliatory, child-focused approach that reduces conflict and encourages cooperation wherever possible. When needed, we act decisively to safeguard your child’s interests and secure fair, workable arrangements for the future.
Get in Touch
If you’re facing difficulties over child arrangements or simply want to understand your rights and options, we’re here to help.
📞 Call us on 01606 48777
📩 Or complete our online enquiry form to arrange a free initial telephone consultation or a fixed-fee appointment for tailored advice.
Every family’s story is unique — and with the right support, you can find a positive way forward.
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Beyond Child Arrangements: Our Wider Expertise
Our Family Law team also provides expert support with related matters, including:
• Child protection and Social Services involvement
• Emergency applications in abduction or safeguarding situations
• Care proceedings and adoption
Our Care & Adoption Department is one of the most experienced and respected in the North West, and we act swiftly when urgent situations arise.
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