Child Arrangements Orders in England and Wales: A Complete Plain-English Guide for Divorcing Parents

When a relationship breaks down and children are involved, one of the most important questions parents face is: who will the children live with, and how will they spend time with each parent? In England and Wales, the legal tool that answers those questions is called a child arrangements order. This guide explains what a child arrangements order is, how to get one, what it costs, and what courts actually look for when making decisions about children during divorce.

What Is a Child Arrangements Order?

A child arrangements order is a court order made under the Children Act 1989. It sets out two key things: where a child lives, and when and how a child spends time with each parent or other important people in their life, such as grandparents.

You may have heard older terms like residence order or contact order. These were replaced in 2014 when the law was updated. The single term child arrangements order now covers both of those situations. The change was deliberate: the old language implied one parent won and one lost, which was unhelpful. The new framework is designed to focus on the child's relationship with both parents rather than on who has legal custody.

A child arrangements order can cover:

• Where the child lives on a day-to-day basis
• When the child spends time with the other parent, including overnight stays
• Holiday and Christmas arrangements
• How and when contact happens if it cannot be in person, such as by video call or phone
• Contact with other family members in some cases

It is worth noting that child arrangements orders apply in England and Wales only. If you are in Scotland, the system works differently under Scots law, and you can read more in our Divorce With Children in Scotland guide.

Many separating parents never need a formal court order at all. If you and your ex can agree on arrangements between yourselves, you can simply get on with it. But if agreement is not possible, or if you want legal certainty, a court order gives both parents a clear, enforceable framework to follow.

Do You Actually Need a Child Arrangements Order?

Not every family going through divorce needs to involve the court in decisions about children. In fact, courts in England and Wales actively encourage parents to sort out arrangements without a judge if they possibly can. The court is seen as a last resort, not a first step.

There are several paths you might take before applying to court:

1. Direct negotiation: If communication between you and your ex is reasonably civil, you may be able to agree on a parenting plan between yourselves. This can be written down and signed, though it is not legally binding without a court order.
2. Mediation: A trained family mediator helps both parents talk through arrangements in a structured, neutral setting. Mediation is usually much cheaper and faster than court, and research shows it leads to more durable arrangements because both parents have agreed to them rather than having them imposed.
3. Collaborative law: Both parents each instruct a specially trained solicitor and meet together to reach an agreement, keeping matters out of court.

Before you can apply to a family court about children (with some exceptions), you are legally required to attend a Mediation Information and Assessment Meeting, known as a MIAM. This is a one-off session where a mediator explains how mediation works. You do not have to go through full mediation afterwards, but you must attend the MIAM unless you qualify for an exemption, for example where there is a history of domestic abuse.

If mediation fails or is not appropriate, you can then apply to court. At that point, a judge will decide what arrangements are in the child's best interests, based on the evidence available.

For a broader picture of how divorce works in England and Wales, including financial matters, see our Complete Guide to Divorce in England and Wales.

How Does the Court Decide What Is Best for a Child?

When a family court in England and Wales makes a child arrangements order, it is guided by one overriding principle: the welfare of the child is the paramount consideration. Everything else comes second to that, including what either parent wants.

Judges use a framework called the welfare checklist, which is set out in section 1 of the Children Act 1989. The checklist includes:

• The child's own wishes and feelings, considered in light of their age and understanding
• The child's physical, emotional and educational needs
• The likely effect on the child of any change in circumstances
• The child's background, including characteristics such as age, sex and any special needs
• Any risk of harm to the child, including harm caused by witnessing abuse
• The capability of each parent, and any other relevant person, to meet the child's needs
• The range of powers available to the court

Courts also apply a no order principle, meaning a judge will only make a formal order if doing so is better for the child than making no order at all. This is another reason why agreed arrangements between parents are preferred.

In many cases, the court will ask CAFCASS (the Children and Family Court Advisory and Support Service) to become involved. A CAFCASS officer, called a children's guardian or family court adviser, will speak to both parents, and sometimes to the child, and then write a report for the court with recommendations. Judges give significant weight to these reports, though they are not bound by them.

One thing courts do not do is assume that children should automatically live primarily with their mother, or that 50/50 arrangements are always right. Every family is different, and the decision is made on the individual facts of each case.

How to Apply for a Child Arrangements Order: Step by Step

If you need to apply to court, here is how the process works in England and Wales:

1. Attend a MIAM: As explained above, this is compulsory in most cases. Find an authorised mediator through the Family Mediation Council website.
2. Complete Form C100: This is the application form for a child arrangements order. You submit it to your local family court. There is a court fee of £255 as of 2026. In some circumstances you may be eligible for help with court fees if you are on a low income.
3. The court issues the application: The other parent (the respondent) is served with a copy of your application and given the opportunity to respond.
4. First Hearing Dispute Resolution Appointment (FHDRA): This is usually the first court date. A judge and often a CAFCASS officer will be present. The focus is on whether agreement can still be reached, and on identifying the key issues if not.
5. Dispute Resolution Appointment (DRA): If the case has not settled, a further hearing takes place where a judge explores the issues in more depth and considers the CAFCASS report.
6. Final hearing: If no agreement has been reached by this point, a judge hears evidence from both sides and makes a final decision about the child arrangements order.

The whole court process can take anywhere from a few months to well over a year, depending on the complexity of the case and court backlogs in your area. This is one reason why reaching agreement earlier, through mediation or negotiation, saves enormous amounts of time, stress and money.

If you are considering handling parts of your divorce without a solicitor, our guide on how to divorce without a solicitor in the UK has useful practical information.

What Does a Child Arrangements Order Actually Say?

The wording of a child arrangements order can vary significantly depending on what the parents have agreed or what the court has decided. Here are some common examples of what an order might contain:

• Primary living arrangement: The child lives with Parent A during term time and spends alternate weekends with Parent B.
• Shared care: The child spends equal or near-equal time with both parents, for example a week-on, week-off arrangement.
• Holiday contact: Each parent has the child for specified weeks during school holidays, with Christmas alternating between the two.
• Handover arrangements: The order may specify where and when handovers happen, particularly if the parents struggle to communicate directly.
• Remote contact: If one parent lives far away or face-to-face contact is not yet appropriate, the order might specify video calls on certain days.

An order can also include conditions. For example, it might state that a child must not be taken abroad without the other parent's written consent, or that a particular third party must not be present during contact.

Separate but related orders you may come across include:

• Prohibited steps order: Stops a parent from taking a specific action without the court's permission, such as removing a child from England and Wales.
• Specific issue order: Resolves a particular dispute, such as which school a child attends.

Once an order is in place, both parents are legally required to follow it. If one parent consistently breaches the order, the other can apply back to court, and in serious cases the court can impose a fine, community service or even a custodial sentence.

How Much Does Getting a Child Arrangements Order Cost?

Cost is one of the most pressing concerns for parents going through separation. The honest answer is that it depends enormously on how straightforward or contested your situation is.

Solicitors in England and Wales typically charge £150 to £400 or more per hour for family law work, and a contested child arrangements case that goes to a final hearing can involve many, many hours of legal work. Legal aid for family matters is available in a limited number of cases, primarily where there is evidence of domestic abuse or child protection concerns.

It is worth knowing that understanding the process yourself can significantly reduce how much you spend on professional advice. The more clearly you understand the system, the less time you need to pay a solicitor to explain it to you. That is precisely the gap that Clarity Guide is designed to fill, with practical plain-English guides starting from just £37.

For a broader breakdown of divorce costs, our guide to how much divorce costs in the UK covers the full picture, including court fees, solicitor charges and what you can do yourself.

Practical Tips for Parents Going Through This Process

No two families are the same, but there are some practical steps that tend to make the process smoother regardless of your circumstances.

• Put the children first, genuinely: This sounds obvious, but in the heat of separation it is easy to lose sight of. Courts are very attuned to parents who use contact arrangements as leverage in financial disputes, or who speak negatively about the other parent in front of the children. Neither helps your case or your children.
• Keep a calm record: If contact is being refused, or if there are incidents you are concerned about, keep a factual diary with dates and details. Avoid emotive language. A factual log is far more useful in court than an angry account.
• Communicate in writing where possible: When communication is difficult, text messages or emails provide a clear record. Apps designed for co-parenting, such as OurFamilyWizard or Talking Parents, can help keep things professional and documented.
• Be willing to be flexible: Courts look favourably on parents who show they can cooperate and adapt to the child's changing needs. Rigidly sticking to the letter of an order when circumstances have clearly changed can count against you.
• Take your own legal advice: Even if you ultimately handle much of the process yourself, a one-off consultation with a family solicitor can help you understand your specific situation before you commit to a course of action.
• Understand what you are agreeing to: If you reach a consent order through agreement, make sure you fully understand what it says before signing. Varying an order later requires another court application.

If you are dealing with financial matters alongside children arrangements, it is worth reading our guide on how to apply for a financial order on divorce in England, as both processes often run in parallel.