Child Arrangements Orders: How the Court Decides Where Children Live
A child arrangements order under section 8 of the Children Act 1989 decides who a child lives with and spends time with. The court applies the welfare checklist, usually after mediation is tried and Cafcass has made safeguarding checks.
Key points
- A child arrangements order under section 8 of the Children Act 1989 says who a child lives with and spends time with; "custody" and "access" are no longer legal terms.
- The child's welfare is paramount. The court applies the welfare checklist, makes no order unless it helps the child, and treats delay as harmful.
- You usually need a MIAM before applying; the £500 mediation voucher is funded to 31 March 2027. The C100 court fee is £270 from 13 July 2026.
- Cafcass checks with the police and local authority before the first hearing; where abuse is alleged the court may hold a separate fact-finding hearing.
- Private law children cases took about 33 weeks on average in mid-2026. Each side normally pays its own legal costs, and legal aid needs domestic abuse evidence.
- A breached order can be enforced with up to 200 hours of unpaid work or compensation, but the court's first aim is to make the arrangements work.
A child arrangements order is an order of the family court, made under section 8 of the Children Act 1989, that settles who a child lives with, who they spend time with and how that time is arranged. The court does not start from what either parent wants: it decides what is best for the child, using the welfare checklist in the Act, and it only makes an order at all if an order is better for the child than none. Most separated parents never need one, because they agree arrangements between themselves or through mediation, and the court expects you to have tried that first. This guide explains what the orders cover, how a judge decides, the mediation and application stages, the hearings, how long cases take, what it costs and what happens if an order is ignored.
What a child arrangements order covers
Since 22 April 2014 the family court has made child arrangements orders in place of the older residence and contact orders, and "custody" and "access" have had no legal meaning in England and Wales for far longer. An order has two kinds of provision. A "lives with" provision names the person or people the child lives with, which can be one parent or both under a shared arrangement that need not be an equal split. A "spends time with" provision sets out when the child sees the other parent or another named person, and can include indirect or supervised contact.
Two other section 8 orders are often made alongside. A specific issue order decides one disputed question, such as which school the child attends; a prohibited steps order stops a parent doing something, such as changing the child's surname or taking them abroad. These orders are about parenting decisions, not money: financial support is handled separately, as the guide to how child maintenance is worked out explains.
Parents and anyone else with parental responsibility can apply as of right, as can a step-parent who treated the child as a child of the family and a relative the child has lived with for the past year. Grandparents and most other relatives need the court's permission first. A "lives with" provision lasts until the child is 18 unless the court orders otherwise; a "spends time with" provision normally ends at 16. Scotland makes equivalent orders under section 11 of the Children (Scotland) Act 1995, and Northern Ireland still uses residence and contact orders under its own 1995 Order.
How the court decides
Section 1(1) of the Children Act 1989 makes the child's welfare the court's paramount consideration. To work out what welfare requires, the judge goes through the welfare checklist in section 1(3): the child's own wishes and feelings, weighed according to their age and understanding; their physical, emotional and educational needs; the likely effect of any change in circumstances; their age, sex, background and any relevant characteristics; any harm they have suffered or are at risk of suffering; how capable each parent is of meeting their needs; and the range of orders available.
Under the "no order" principle in section 1(5), the court makes an order only where doing so is better for the child than making none, which is why parents who agree at the first hearing often leave with their agreement recorded rather than a formal order. Under section 1(2), delay is presumed to prejudice the child's welfare, so the court sets a timetable and expects both sides to keep to it.
Section 1(2A) adds a presumption that the involvement of each parent will further the child's welfare unless the contrary is shown. It concerns involvement of some kind, not any division of time, and it does not apply where involvement would put the child at risk of harm. The presumption is still the law on 30 October 2026, but on 22 October 2025 the government published its review of it and announced that it will be repealed when parliamentary time allows, having found that it is rarely decisive and can work against children in abusive households. Until legislation passes, judges continue to apply it.
Mediation and the MIAM come first
Unless an exemption applies, you must attend a Mediation Information and Assessment Meeting (MIAM) with an accredited family mediator before applying to court. The meeting usually costs around £120, and is free if either parent qualifies for legal aid. Exemptions include evidence of domestic abuse, child protection concerns, urgency, a MIAM or other non-court process within the last four months, and a respondent who cannot be traced.
If mediation goes ahead, the Family Mediation Voucher Scheme pays up to £500 towards sessions about children, without a means test and with one voucher per couple; it does not cover the MIAM itself, and the government confirmed on 15 May 2026 that it is funded for the year to 31 March 2027. Since April 2024 each party has also had to file a form stating their views on non-court dispute resolution, and judges can adjourn to let it happen and penalise in costs anyone who refuses without good reason. An agreement reached in mediation can be written into a parenting plan or, if you want it enforceable, turned into a consent order that the court approves without a hearing.
Applying to court: form C100 and Cafcass checks
The application is form C100, completed online or on paper. The fee is £270 from 13 July 2026, and Help with Fees is available to people on qualifying benefits or low incomes. If you say the child or you have suffered harm, form C1A goes in with it, and form C8 keeps your contact details confidential.
Before the first hearing Cafcass (the Children and Family Court Advisory and Support Service, or Cafcass Cymru in Wales) carries out safeguarding checks with the police and the local authority and telephones each parent separately about any safety concerns. Its findings go to the court in a safeguarding letter a few days before the hearing. If the checks are not complete, the court generally cannot make interim decisions about contact and may have to adjourn.
The hearings
Many cases settle at the first or second of these hearings.
First Hearing Dispute Resolution Appointment
The FHDRA is usually listed a few weeks after issue. A Cafcass officer attends, and the judge or magistrates identify what is agreed, what is disputed and whether there are safeguarding concerns. Where the parents do not settle, the court gives directions: a welfare report from Cafcass or the local authority under section 7 of the Act, attendance at the free Planning Together for Children course arranged through Cafcass, testing where drug or alcohol misuse is alleged, interim arrangements and the date of the next hearing.
Fact-finding where abuse is alleged
If one parent alleges domestic abuse and the allegations would affect the outcome, Practice Direction 12J requires the court to decide whether a separate fact-finding hearing is needed. The judge hears evidence and decides on the balance of probabilities which allegations are proved, and the findings then shape the welfare decision. Since July 2022 a parent who has been convicted or cautioned for, or charged with, an offence against the other, or who is subject to a protective injunction, cannot cross-examine them in person, and the court can impose the same bar in other cases where abuse is alleged; a court-appointed qualified legal representative asks the questions instead, and victims can have screens, separate entrances and video links. Where protection is needed straight away, a non-molestation or occupation order can be sought alongside the children application.
Dispute resolution appointment and final hearing
Once the section 7 report is filed, the court lists a Dispute Resolution Appointment, where the judge tries again to narrow or settle the issues in the light of the report's recommendations. If agreement still proves impossible, a final hearing follows: each parent gives evidence and is questioned, the Cafcass officer often gives evidence too, and the judge delivers a judgment and makes the order.
How long it takes
Ministry of Justice statistics for April to June 2026 show private law children cases taking 33 weeks on average from application to final order, with just over half finished within 26 weeks; GOV.UK tells applicants to expect around ten months. The Child Focused Courts model, which gathers information at the start, produces a Child Impact Report recording the child's own views and uses fewer hearings, was announced for national rollout on 17 March 2026 and is to cover the whole of England and Wales by March 2029; it already runs in every Welsh court and a growing number of English areas.
Costs, legal aid and representing yourself
Beyond the £270 fee, the main expense is legal representation, and in children cases each side normally pays its own costs whatever the result. Solicitors charge hourly or offer fixed fees for stages such as preparing the C100 or attending the FHDRA. Firms' published estimates for a contested case that runs to a final hearing typically fall between about £5,000 and £15,000 plus VAT, with a barrister's fee for each hearing day on top where one is instructed, so ask for a written estimate.
Legal aid for private children cases is available only if you have evidence of domestic abuse or child abuse, such as a conviction, a protective injunction or a letter from a health professional or a domestic abuse support service, and you also pass the means test. The guide to free and low-cost legal help covers the other options.
Many parents represent themselves. The forms are written for it, judges are used to litigants in person, and Support Through Court volunteers and the Advicenow guides help with preparation. A McKenzie friend can sit with you and take notes but cannot normally speak for you. Acting alone is hardest where a fact-finding hearing is listed, because the handling of evidence matters most there, and a family law solicitor can be instructed for that stage alone.
If the order is not followed
Every child arrangements order carries a warning notice explaining the consequences of breaking it. If the other parent does not comply, you apply on form C79, for which the fee is also £270, and the court first asks why the order was broken. Where there was no reasonable excuse, it can make an enforcement order requiring between 40 and 200 hours of unpaid work, order compensation for financial loss such as a wasted holiday, vary the arrangements or, in serious and persistent cases, deal with the breach as contempt of court, which can mean a fine or imprisonment. Courts prefer to get the arrangements working again rather than punish, so a parent who has stopped contact out of a genuine safety concern should return to court promptly to vary the order rather than simply withhold the child.
What to do next
Write down what you want for your child and why it serves their welfare rather than yours, keep a dated record of arrangements kept and missed, and book a MIAM. Read the overview of family law if the children issues sit alongside a separation or divorce. For advice, compare family law solicitors in Manchester, browse family solicitors in Leeds or use the solicitors near me search, and ask each firm about first-meeting costs, fixed fees and legal aid.
Frequently asked questions
Does a child arrangements order mean equal time with each parent?
No. The presumption of parental involvement is about each parent playing a part in the child's life, not about a particular split of nights. Shared "lives with" orders are common, but the pattern follows the child's needs, school, the distance between homes and each parent's work. Many orders give one home the weekday base and the other alternate weekends, midweek time and shared holidays.
At what age can a child choose who to live with?
There is no fixed age. The welfare checklist requires the court to consider the child's wishes and feelings in the light of their age and understanding, so a mature teenager's clear view carries great weight while a young child's is one factor among many. Cafcass usually speaks to the child and reports their views; children rarely attend court. In practice, orders about where a child lives are seldom enforced against a determined older teenager.
Can grandparents apply for a child arrangements order?
Yes, but unless the child has lived with them for at least a year they must first ask the court for permission to apply, using the same C100 form. The court looks at the nature of the application, the grandparent's connection with the child and any risk that the application would disrupt the child's life. Permission is usually granted where there has been a real relationship, and the application is then decided on the welfare checklist like any other.
What is the difference between a parenting plan and a consent order?
A parenting plan is a written agreement between parents with no legal force; either can propose changes at any time and the court cannot enforce it. A consent order is a child arrangements order made by agreement: a judge checks that it is in the child's interests and approves it, usually without a hearing, and it is then enforceable like any other order. Most parents only need a consent order where trust has broken down or an agreement must be relied on.
Can I take my child abroad if I have a lives-with order?
If the order says the child lives with you, you can take them out of the United Kingdom for up to 28 days without the other parent's consent, unless another order says otherwise. Longer trips, or a permanent move, need the written agreement of everyone with parental responsibility or a specific issue order. Taking a child abroad without that consent is child abduction, and the other parent can apply urgently for a prohibited steps order to stop a planned move.
Do I have to go to mediation if my ex-partner was abusive?
No. Evidence of domestic abuse, such as a conviction, a protective injunction or a letter from a GP or a support service, exempts you from the MIAM requirement, and you tick the exemption on the C100. The same evidence usually opens the door to legal aid. At court you can ask for special measures, and the alleged abuser cannot question you in person at a fact-finding hearing.
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This guide describes the law in England and Wales as at 30 October 2026. It is general information, not legal advice about your situation; the law and the figures it quotes change, so check the position with a solicitor before acting. LawFirms.co.uk is a directory and does not provide legal services.