TRW & Co · Family law
Child Arrangements Orders: Living and Contact Arrangements
A child arrangements order decides where a child lives and when they spend time with each parent. In England and Wales you usually attend a MIAM first, then apply on form C100 for a £270 fee. Cafcass advises the court, which applies the welfare checklist. GOV.UK says orders usually take around 10 months, and they can be enforced if breached.
Key pointBangladesh is not a party to the 1980 Hague Abduction Convention, so for families with ties there, preventive terms in the order (passport arrangements, conditions on travel and undertakings) matter far more than remedies after the event.
At a glance
Welfare comes first
Under section 1 of the Children Act 1989, the child's welfare is paramount, delay is presumed harmful and the court makes an order only if it is better than none.
MIAM before applying
Most applicants must attend a mediation information and assessment meeting first; exemptions include evidence of domestic abuse, risk to children and genuine urgency.
C100 and £270 fee
Applications are made on form C100. GOV.UK lists the fee as £270 and says obtaining an order usually takes around 10 months.
Cafcass involvement
Cafcass, or Cafcass Cymru in Wales, carries out safeguarding checks before the first hearing and may prepare a section 7 welfare report.
Presumption under review
The Courts and Tribunals Bill would repeal the presumption of parental involvement; as of October 2026 it is before the House of Lords.
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The short answer: what a child arrangements order does
A child arrangements order is a court order under section 8 of the Children Act 1989 that decides with whom a child lives, spends time or otherwise has contact, and when. It replaced the old residence and contact orders in 2014. Either parent, and some other people, can apply when separated parents cannot agree arrangements for their children.
In England and Wales, you usually have to attend a mediation information and assessment meeting (MIAM) before applying, unless an exemption applies. The application is made on form C100 and, according to GOV.UK, costs £270. GOV.UK also says it usually takes around 10 months to get a court order, which is one reason the court and the government encourage parents to try mediation first.
Throughout the case, the child's welfare is the court's paramount consideration. The court applies a statutory welfare checklist, takes advice from Cafcass (or Cafcass Cymru in Wales), and will only make an order if doing so is better for the child than making no order at all.
The legal framework: the Children Act 1989
The principles are in section 1 of the Children Act 1989. When a court decides any question about a child's upbringing, the child's welfare is the paramount consideration. Delay is presumed to be harmful. The court must not make an order unless it would be better for the child than no order.
Who can apply for a child arrangements order
Parents, guardians, special guardians and anyone with parental responsibility can apply as of right, as can a person already named in a child arrangements order as someone the child lives with. Step-parents, grandparents and other relatives may also be entitled to apply in some circumstances, for example where the child has lived with them for a qualifying period or where those with parental responsibility consent. Otherwise, they need the court's permission first.
A child arrangements order naming a non-parent as someone with whom the child lives gives that person parental responsibility while the order lasts. That can matter for grandparents or other relatives who are caring for a child day to day and need to deal with schools and doctors.
The welfare checklist
Where an application is opposed, section 1(3) requires the court to consider, in particular:
- the child's ascertainable wishes and feelings, in the light of their age and understanding;
- their physical, emotional and educational needs;
- the likely effect of any change in circumstances;
- their age, sex, background and relevant characteristics;
- any harm suffered or at risk of being suffered;
- how capable each parent, and any other relevant person, is of meeting the child's needs;
- the range of powers available to the court.
The presumption of parental involvement and its proposed repeal
Since 2014, the court has been required to presume, unless the contrary is shown, that the involvement of each parent in the child's life will further the child's welfare, provided that involvement does not put the child at risk. "Involvement" means direct or indirect involvement, not any particular division of time.
The government has introduced the Courts and Tribunals Bill, which would repeal this presumption. As of October 2026, the Bill has passed the House of Commons and is before the House of Lords, with second reading scheduled for late October 2026. Until it is enacted and brought into force, the presumption continues to apply.
Domestic abuse
Where domestic abuse is alleged, Practice Direction 12J of the Family Procedure Rules governs how the court approaches the case, including whether a fact-finding hearing is needed and whether any contact can be safe. Protective orders, such as a non-molestation order, are made in separate proceedings and can run alongside the children case.
Child arrangements orders and other section 8 orders compared
The court has several tools under section 8. Choosing the right one, or the right combination, keeps the application focused.
| Order | What it decides | Typical use |
|---|---|---|
| Child arrangements order: "lives with" | With whom the child lives, and when | Settling the child’s main home, or a shared-care pattern across two homes |
| Child arrangements order: "spends time with" | When and how the child spends time with a parent or other person, including indirect contact | Weekends, holidays, handovers, video calls and letters |
| Specific issue order | A single disputed question about the child’s upbringing | Choice of school, medical treatment, religious upbringing, a holiday abroad |
| Prohibited steps order | Stops a parent taking a specified step without the court’s permission | Preventing removal from the UK or a change of school |
| Consent order | Records arrangements both parents have agreed | Where parents agree but want the certainty of a court order |
A child arrangements order can be as detailed as the case needs. It may specify term-time and holiday patterns, handover arrangements, travel, telephone or video contact, and conditions such as attending a programme. Detailed orders reduce argument in high-conflict cases; lighter orders suit parents who cooperate well.
A "lives with" order has practical consequences. A person named in it can take the child out of the UK for less than one month without the other parent's consent, under section 13 of the Children Act 1989. Longer trips, permanent moves and changes of surname need written consent from everyone with parental responsibility or the court's permission.
How to apply for a child arrangements order: step by step
- Try to agree first. Parents who agree do not need a court order. A written parenting plan records arrangements and can be revisited as the child grows. GOV.UK says a voucher worth up to £500 is usually available towards family mediation, regardless of income.
- Attend a MIAM. You must usually attend a MIAM before applying. Exemptions include evidence of domestic abuse, a risk to the children, urgency and recent attendance at a MIAM or other non-court process. Since April 2024, the rules have given courts stronger powers to encourage non-court dispute resolution throughout proceedings.
- Issue form C100. Apply online or on paper using form C100 and pay the £270 fee, unless you qualify for help with fees. If you allege domestic abuse or other harm, you also complete the supplementary information form setting out your concerns.
- Cafcass safeguarding checks. Before the first hearing, Cafcass (or Cafcass Cymru) carries out safeguarding checks with the police and local authority and usually speaks to each parent by telephone. It then sends the court a safeguarding letter.
- First hearing dispute resolution appointment. At the first hearing the court considers safeguarding, explores whether agreement is possible and gives directions. Many cases settle at this stage, sometimes by consent order.
- Reports and evidence. If issues remain, the court may order a section 7 welfare report from Cafcass or the local authority, witness statements and, where abuse is alleged and disputed, a fact-finding hearing.
- Dispute resolution and final hearing. A further hearing reviews the evidence and the report. If agreement is still not possible, a judge or magistrates hear evidence and make a final decision applying the welfare checklist.
Some court areas have been piloting a more investigative "Pathfinder" model, in which more work is done at the start of the case to understand the child's experience and any risks. Procedure may differ slightly depending on where your case is heard.
Write proposals from the child’s point of view, not the parents’. Courts respond to specific, workable plans: handover times and places, school holiday splits, how video calls will work and how arrangements will progress as the child gets older. A vague request for "more time" or "fair contact" rarely helps.
An illustrative scenario
This scenario is illustrative only and does not describe any real client or outcome.
Two parents separate after a long relationship. Their two children, aged seven and eleven, stay with one parent in the family home. The other parent moves to a flat across London and sees the children irregularly. Mediation breaks down over overnight stays and holiday time with grandparents in Bangladesh.
The non-resident parent attends a MIAM, issues a C100 and proposes alternate weekends, one midweek evening and half of school holidays, with a two-week trip to Bangladesh every other summer. Cafcass safeguarding checks raise no concerns. At the first hearing the parents agree the term-time pattern but not the overseas trips, because the resident parent fears the children might not return.
The court directs a short section 7 report and evidence about the family's ties to the UK. The final order provides for the term-time pattern and permits holidays abroad on conditions, including advance itineraries, return tickets and undertakings. Each parent now has an order that sets clear expectations, while the children's wishes, particularly the older child's, are reflected in the arrangements.
Enforcing and varying a child arrangements order
Every order should contain a warning notice about the consequences of failing to comply. If a parent breaches the order without reasonable excuse, the other can apply for enforcement.
Under section 11J of the Children Act 1989, the court can make an enforcement order imposing an unpaid work requirement if it is satisfied beyond reasonable doubt that a person has failed to comply. The court cannot do so if the person proves, on the balance of probabilities, that they had a reasonable excuse. The court can also order compensation for financial loss caused by a breach, such as the cost of a wasted holiday.
In practice, the court's first concern on an enforcement application is the child. It may refer the parents to a separated parents programme, vary the arrangements, order a further report or, in serious and persistent cases, consider changing where the child lives. Contempt proceedings are available but rarely the best route.
Orders can be varied as children grow and circumstances change. An application to vary follows broadly the same process as the original application, including the MIAM requirement.
Risks and common mistakes
Withholding the child to gain leverage
Stopping contact unilaterally, outside a genuine safeguarding concern, can count against a parent in court and risks enforcement action if an order is already in place. Courts expect parents to promote the child’s relationship with the other parent where it is safe.
If you have genuine safety concerns, seek urgent advice and consider protective orders rather than acting informally.
Involving the child in the dispute
Asking children to choose, discussing proceedings with them or sharing court papers can harm them and will concern Cafcass and the court. Children’s wishes and feelings are gathered by Cafcass in age-appropriate ways.
Keep adult issues away from the children, including on social media and messaging apps.
Skipping the MIAM without a valid exemption
Applications without a MIAM or a properly evidenced exemption can be delayed while the court requires attendance. The court can also pause proceedings to encourage mediation or another non-court route.
Check the exemptions carefully and keep evidence to support any you rely on.
Overlooking travel and relocation rules
Removing a child from the UK without the necessary consent or court permission can be a criminal offence and can trigger international abduction proceedings. Moving within the UK can also be challenged if it frustrates arrangements.
Read our guide to {L("relocating-abroad-with-children", "relocating abroad with children")} before making plans.
Unrealistic or rigid proposals
Proposals that ignore school, distance or a young child’s routine are unlikely to persuade the court. Equally, an order that cannot adapt to a teenager’s wishes may soon break down.
Build in progression and flexibility, and focus on what will work for this child.
Cross-border families and the UK–Bangladesh corridor
International family ties raise particular risks. If a child is taken abroad without consent, the Hague Convention on International Child Abduction 1980 provides a summary return mechanism between contracting states. Bangladesh is not a party to that Convention, so a child taken to Bangladesh cannot be returned through the Hague process and recovery depends on proceedings there and, where possible, negotiated solutions. Prevention is therefore critical. See our guide to international child abduction.
Where there is a real risk of removal, the court can make a prohibited steps order, require passports to be surrendered or impose conditions on holidays abroad, such as undertakings or security. Where a parent wants to move abroad permanently with a child, they need the other parent's consent or the court's permission, and the court will scrutinise the plan closely.
Since Brexit, cooperation with EU states on parental responsibility relies mainly on the 1996 Hague Convention. For families with ties to Bangladesh, our UK–Bangladesh family law team works with our Dhaka office on safeguards, recognition and practical arrangements.
What to do next: a checklist
- Write down the arrangements you are proposing and why they suit your child.
- Try mediation or another non-court route, and attend a MIAM unless an exemption applies.
- Gather evidence of the child's routine, schooling, health and any safeguarding concerns.
- If abuse is a concern, seek advice on protective orders and on how to present your concerns.
- Complete form C100 accurately and prepare for the Cafcass safeguarding call.
- Keep communication with the other parent civil, child-focused and in writing where possible.
- Check consent requirements before any travel abroad.
- Diarise reviews of the arrangements as your child grows.
The London office of TRW & Co is authorised and regulated by the Solicitors Regulation Authority. Our children law solicitors advise parents on child arrangements, specific issue and prohibited steps applications, enforcement and international issues. Where advocacy in the higher courts is required, we instruct specialist counsel. If you are also separating or divorcing, see our guide on how to get a divorce and our family law page, or contact our London team at info@trw.co or +880 1779 127165.
Frequently asked questions
01How long does a child arrangements order last?
Provisions about where a child lives generally last until the child turns 18. Other provisions, such as arrangements for spending time with a parent, generally end at 16 unless the circumstances are exceptional. In either case the court can set a shorter period, and the order can be varied or discharged earlier. Orders can be varied as circumstances change, and many families revisit arrangements as children grow older and their wishes carry more weight. An application to vary follows broadly the same process as the original application.
02Do I have to go to mediation before applying?
Usually you must attend a mediation information and assessment meeting (MIAM) before applying, but you do not have to go on to mediate. Exemptions include evidence of domestic abuse, risk to the children, urgency, applications made without notice and recent attendance at a MIAM or other non-court process. Since April 2024, courts have stronger powers to encourage non-court dispute resolution throughout proceedings, and GOV.UK says a mediation voucher worth up to £500 is usually available.
03At what age can a child decide which parent to live with?
There is no fixed age in England and Wales. The court must consider the child's ascertainable wishes and feelings in the light of their age and understanding. Teenagers' views often carry significant weight, and courts rarely make orders that a mature older child firmly opposes. However, the decision remains the court's, based on the child's welfare as a whole. Cafcass gathers children's views in an age-appropriate way.
04What happens if the other parent breaks the order?
You can apply to the court for enforcement. If the court is satisfied beyond reasonable doubt that the order was breached without reasonable excuse, it can make an enforcement order imposing unpaid work, order compensation for financial loss, or take other steps. In practice the court focuses on the child: it may vary the arrangements, refer parents to a programme or order a further report. Persistent breaches can lead to a change in where the child lives.
05Can grandparents apply for a child arrangements order?
Yes, but grandparents usually need the court's permission (leave) before applying, unless the child has lived with them for a qualifying period or they have the consent of those with parental responsibility. The court considers the applicant's connection with the child and whether the application might disrupt the child's life. Grandparents are also subject to the MIAM requirement and the welfare principles that apply to parents.
06Can I take my child abroad on holiday without the other parent's consent?
If a child arrangements order names you as a person with whom the child lives, you can take the child out of the UK for less than one month without the other parent's consent, unless the order says otherwise. Otherwise, you need the written consent of everyone with parental responsibility or the court's permission. Taking a child abroad without the required consent can be a criminal offence and may trigger international abduction proceedings.
Sources and official materials
- Children Act 1989, section 1 — Welfare principle, welfare checklist and presumption of parental involvement
- Children Act 1989, section 11J — Enforcement orders and unpaid work requirements
- Children Act 1989, section 13 — Change of surname and removal from the UK
- Making child arrangements if you divorce or separate (GOV.UK) — MIAMs, the C100 fee, types of order and timescales
- Cafcass — The Children and Family Court Advisory and Support Service
- Family Procedure (Amendment No. 2) Rules 2023 — 2024 changes to MIAMs and non-court dispute resolution
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.