What Is a Child Arrangement Order, and Do You Actually Need One?
Key Takeaways
- A child arrangement order is a court order setting out where a child lives and how much time they spend with each parent.
- There are two types: live-with orders and spend-time-with orders.
- Not every separated family needs one. An informal agreement works well for many parents.
- A formal order may become necessary if an agreement breaks down, a parent wants to relocate, or there are safeguarding concerns.
- Before applying to court, you are generally expected to attend a MIAM and consider mediation first.
What is a child arrangement order?
A child arrangement order is a legally binding court order made under the Children Act 1989. It sets out where a child will live, when they will spend time with each parent, and how contact will work. It replaces what used to be called residence and contact orders.
If you have recently separated and are trying to work out where the children will live, you have probably come across the phrase child arrangement order. It sounds official. It sounds like something you might need. But do you?
The honest answer is: not always. Many separated parents manage perfectly well with an informal arrangement. Others reach a point where a formal order feels necessary, either because trust has broken down or because circumstances have changed.
This article explains what a child arrangement order is, when you can probably manage without one, and when it is time to formalise things.
The Two Types of Child Arrangement Order
There are two kinds, and they cover different aspects of your children's lives.
Live-with orders
These set out where a child lives. A child can be named as living with one parent, or with both. The parent named in a live-with order automatically gains parental responsibility if they did not already have it.
Spend-time-with orders
These set out when a child spends time with the other parent, or another person such as a grandparent. They cover overnight stays, holidays, and special occasions.
Both types are made under section 8 of the Children Act 1989. The child's welfare is always the court's paramount consideration, assessed against the welfare checklist in section 1(3) of the same Act.
When an Informal Agreement Is Perfectly Fine
Most separated parents in England and Wales never go to court. They agree between themselves where the children will live and how contact will work.
An informal arrangement tends to work well when both parents are communicating reasonably, the arrangement is consistent, there are no safety concerns, and neither parent is planning to move away.
A written parenting plan, while not legally binding, can help both parents stay clear on what has been agreed. If things are broadly working, there is no legal requirement to formalise anything.
Four Situations Where a Formal Order May Become Necessary
1. The informal agreement has broken down
An agreement that relied on goodwill can collapse quickly when the relationship between parents deteriorates. Contact gets cancelled, handovers become difficult, and the children get caught in the middle. A court order gives both parents something enforceable to rely on.
2. One parent wants to relocate
If a parent wants to move to a different part of the country, or abroad, with the children will almost certainly require the other parent's consent or a court order. Relocating without agreement can amount to child abduction. In Payne v Payne [2001] EWCA Civ 166, the Court of Appeal confirmed that the child's welfare sits at the heart of any relocation decision.
3. There are safeguarding concerns
Where a child may be at risk, a court order may be needed urgently. Domestic abuse, substance misuse, or concerns about a child's wellbeing during contact are all situations where the courts may need to become involved. If you are worried about a child's immediate safety, you can contact the police or Cafcass directly.
4. One parent is not complying with what was agreed
If contact is being withheld or the agreed arrangement is not being followed, an informal agreement offers little protection. Under section 11J of the Children Act 1989, breaching a court order without reasonable excuse can lead to enforcement action, including unpaid work requirements or a financial penalty.
How to Apply
If you decide to apply to court, the process follows these steps:
- Attend a MIAM. Before starting a child arrangements application, you are generally required to attend a Mediation Information and Assessment Meeting. A mediator will explain the process and assess whether your case is suitable. Exemptions apply in cases involving domestic abuse or urgent safeguarding concerns.
- Complete a C100 Form. This is the application form used to ask the court to make an order. Getting the C100 form right matters, as errors cause delays. You can complete it yourself or get professional support.
- Submit to the family court. Send the form with your MIAM certificate and the court fee, currently £232 for most applications.
- Attend the first hearing. Your first court date is usually a First Hearing Dispute Resolution Appointment (FHDRA). Cafcass will produce a safeguarding letter beforehand. The court will try to resolve matters as early as possible.
Try Mediation First
Court proceedings can be lengthy and stressful. Mediation gives parents a structured way to reach agreement with the help of a trained, impartial mediator. You do not have to be in the same room as your ex-partner if that feels difficult. Many mediators offer shuttle mediation, with each person in a separate room.
Agreements reached in mediation are not automatically legally binding, but they can be converted into a consent order if you want a more formal arrangement.
Even where court proceedings eventually become necessary, starting with mediation can help narrow the issues and reduce the time spent in court.
Summary
A child arrangement order is not something every separated parent needs. If your arrangement is working and both parents are cooperating, you may not need the courts at all.
Where trust has broken down, where relocation is on the table, or where a child's safety is a concern, a formal order can provide clarity and protection for everyone involved.
If you are unsure which route is right for your situation, it can be helpful to speak to a family solicitor or mediator before making any decisions.
This article is intended as general information only and does not constitute legal advice. If you have concerns about your situation, speaking with a qualified family solicitor is a good first step.
