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Child Arrangement Solicitors
Decisions about a child's home, routine and relationships need to start with that child's welfare. Highfin's published Family Law service includes advice about living and contact arrangements. This guide explains the England and Wales framework, the options for resolving disagreement and when a court order may be needed.
Sources checked on . This general information does not assess your individual circumstances.
What a child arrangements order does
A child arrangements order can regulate who a child lives with, who they spend time with and other contact, such as calls. The familiar term 'child custody' describes concerns now usually addressed through child arrangements, rather than a separate custody procedure.
The court treats the child's welfare as paramount. Relevant considerations include needs, wishes and feelings in light of age and understanding, the effects of change and risks of harm. There is no automatic entitlement to an equal division of time, and an order should only be made if it is better for the child than no order.
Parental responsibility and who can apply
Parental responsibility concerns legal duties and decisions about a child's upbringing; it is not the same as a timetable for spending time together. Establish who holds it and whether another order or agreement already affects decision-making.
Parents and some other people can apply without first seeking permission, while others may need the court's permission. Grandparents do not have an automatic right to contact. Existing care or special guardianship arrangements, earlier restrictions and international connections can change the route, so check eligibility before filing.
Considering agreement and MIAM exemptions
Where safe and appropriate, discussion or mediation may help resolve practical arrangements. A Mediation Information and Assessment Meeting assesses options; attending does not require the parties to reach an agreement or continue mediation.
Before a relevant court application, the applicant normally attends a MIAM unless a valid exemption applies. Grounds include specified domestic-abuse evidence, child-protection concerns and qualifying urgency. The applicable ground and any evidence must be recorded; disagreement alone is not an exemption. Do not delay seeking protective help to attempt unsafe negotiations.
Preparing the application
C100 is the usual application form for a child arrangements order; GOV.UK also provides an online route. Identify the order sought, existing proceedings, people involved and any MIAM attendance or exemption. C1A is used to give relevant information about harm or domestic abuse.
Explain practical proposals around school, care, travel and communication rather than asking the child to choose sides. Follow court directions about evidence. If disclosure of contact details creates a risk, ask about the C8 confidentiality procedure and check other documents for identifying information.
- Existing orders and the current care arrangements.
- A concise chronology of difficulties and any safety concerns.
- The child's routines and relevant health or educational needs.
Safety throughout proceedings
Tell the court about domestic abuse, coercive behaviour or risks to the child or another parent. Practice Direction 12J requires these matters to be addressed when deciding arrangements; contact should not expose the child or other parent to further harm.
Cafcass in England or Cafcass Cymru in Wales may carry out safeguarding checks and advise the court. The court decides whether further evidence or a fact-finding hearing is needed. Interim arrangements also require safety assessment; an allegation does not justify assuming either a particular outcome or that risk can be ignored.
Duration, changes and your next step
Orders do not all run until 18. Spending-time and contact provisions generally end at 16 unless exceptional circumstances justify continuation. Provisions about who a child lives with can continue to 18, subject to the order and earlier changes. Making a new section 8 order for a child already 16 or over also requires exceptional circumstances, apart from variation or discharge.
Read the actual wording before relying on an age limit or changing arrangements. If circumstances change or an order is not followed, seek advice about variation or enforcement. Ask Highfin to review the existing documents and agree what assistance is needed; no particular outcome or completion time is promised.
Official guidance
- Children Act: the child's welfare
- Children Act: who can apply
- Children Act: restrictions on orders
- Children Act: duration of orders
- GOV.UK: applying for a child arrangements order
- HMCTS: applications involving children
- Family Procedure Rules: MIAMs and exemptions
- Practice Direction 12J: domestic abuse and harm
- Bring the current arrangements
- Provide any orders, relevant correspondence and a clear account of the child's routine, including urgent safety concerns.
- Agree the instruction
- Clarify whether advice, negotiation or court work is needed and obtain confirmation of charges. No funding eligibility or fixed fee is assumed.
Frequently asked questions
Your questions
Do we need a court order if we agree?
Not necessarily. Many families make arrangements without an order. The court applies the welfare and no-order principles; any safety concerns or existing order need separate attention.
Does parental responsibility guarantee equal time?
No. Legal responsibility and the allocation of time are different questions. The child's welfare determines the appropriate arrangements.
Must I mediate with someone who has abused me?
A MIAM requirement is not a requirement to complete mediation. Domestic-abuse and other exemptions have specific conditions; explain the circumstances and obtain advice about evidence and protection.
Can a grandparent apply?
They may be able to apply, but permission can be required depending on their circumstances. There is no automatic contact entitlement.
Does every child arrangements order end at 18?
No. The rules distinguish living arrangements from contact or spending-time provisions, and exceptional circumstances may matter. Check the precise order and the Children Act age restrictions.
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