When parents separate, one of the hardest questions to answer is what happens next for the children. Where will they live? How will time be shared? What happens if communication has broken down, or if there are concerns about safety? 

For many families, these questions come at an already emotional time. That is why understanding how child arrangements work, and when the court may need to step in, can make an overwhelming situation feel more manageable.

Applying to court does not mean that a parent has failed. In some cases, it is simply the safest or clearest way to put proper arrangements in place, particularly where informal discussions have broken down or the child needs a more secure framework.

Ben Dale, Associate Solicitor in our Family Law team at the Jackson Lees Group, explains how Child Arrangements Orders work, what the court considers when making decisions, and how clear legal guidance can help families move forward with confidence and reassurance.

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What is a Child Arrangements Order and when do parents usually need to apply for one?

A Child Arrangements Order is a legally binding order made under the Children Act 1989.

It can set out where a child lives, when they spend time with a parent or another important person, and what form that contact takes, whether that is face-to-face, by phone, by video call, or otherwise.

Many families never need a court order. Where parents can reach a safe, workable agreement themselves, the court may not need to become involved at all.

This reflects the “no order” principle: the court should not make an order unless it considers that doing so would be better for the child than making no order at all.

When might a Child Arrangements Order be necessary?

A court order may become necessary where:

• Parents cannot agree on arrangements.
• Informal arrangements keep breaking down.
• One parent is preventing contact without a lawful reason.
• There are safeguarding or welfare concerns.
• A clear legal framework is needed to protect the child.

In these situations, a Child Arrangements Order can provide structure, clarity and reassurance for everyone involved.

Do you have to try mediation before applying for a Child Arrangements Order through the family court?

In most cases, yes.

Before applying to the family court using Form C100, parents are usually required to attend a Mediation Information and Assessment Meeting, often called a MIAM.

A MIAM involves meeting with an accredited mediator to explore whether the dispute could be resolved without court proceedings.

MIAM exemptions can apply where there is:

• Domestic abuse.
• Urgency.
• Certain child protection concerns.
• Recent attendance at a MIAM relating to the same dispute.

The court encourages mediation where it is safe and appropriate, but it is clear that mediation is not suitable in every case.

Where there are concerns about domestic abuse, coercive control or risk of harm, individuals should not be pushed into unsafe forms of dispute resolution. In these situations, early legal advice can make a significant difference.

What does a Child Arrangements Order cover in terms of where a child lives and contact arrangements?

A Child Arrangements Order can deal with two main things: 

• Who a child lives with.
• Who they spend time with or otherwise have contact with.

Depending on the family’s circumstances, this might include:

• Weekly routines.
• School holiday arrangements.
• Handover arrangements.
• Supervised or indirect contact where appropriate.

Each family is different, so the order is meant to reflect the child’s needs rather than impose a one-size-fits-all solution.

This is also why the court does not start from the idea that there must be a fixed split of time. 

The question is not whether one parent is getting a bigger share. The question is what arrangement is best for the child in their own circumstances. 

Current law includes a presumption that parental involvement will usually further a child’s welfare, provided that involvement does not put the child at risk of harm.

How does the court decide what is in a child’s best interests when making a Child Arrangements Order?

The court’s guiding principle is simple, even if the cases themselves are not: the child’s welfare comes first. 

When making decisions, the court applies the welfare checklist, which looks at factors such as:

• The child’s wishes and feelings (where appropriate).
• Their physical, emotional and educational needs.
• The likely effect of any changes in circumstances.
• Any risk of harm.
• How capable each relevant adult is of meeting the child’s needs.

The court must also consider whether making an order is actually better than making no order at all.

That last point matters. A court will not make an order simply because one has been requested.

If parents can reach a safe and workable arrangement themselves, the court may decide that no formal order is needed.

 If agreement is not possible, or the child’s welfare requires clear boundaries and structure, the court can step in.

What happens after a Child Arrangements Order application is made?

Most applications are made using Form C100. 

Once the application has been issued, Cafcass in England, or Cafcass Cymru in Wales, will usually carry out initial safeguarding checks with the police and local authority.

The case will then usually move to a first hearing, known as an FHDRA, which stands for First Hearing Dispute Resolution Appointment.

At that stage, the court considers:

• Background information.
• Any immediate welfare concerns.
• Whether agreement is possible.
• Whether further evidence is needed.

Sometimes the court will ask for a more detailed welfare report, often called a section 7 report, before making a final decision. In other cases, the dispute may narrow quickly and be resolved earlier. 

Timescales vary depending on the court and complexity of the case. Current GOV.UK guidance suggests it can often take around 10 months to reach a final order.

How do concerns about domestic abuse or child harm affect a Child Arrangements Order application?

Concerns about domestic abuse or child harm are treated with particular care. The court will consider not only direct harm to the child, but also the impact of domestic abuse, coercive and controlling behaviour, and the effect that unsafe arrangements may have on the child and the parent with whom they live.

Where abuse is alleged or admitted, or there is a risk of harm, the court must:

• Address safety issues at an early stage.
• Consider whether a fact‑finding hearing is needed.
• Ensure any arrangements do not expose the child or parent to further risk.

Outcomes depend on the individual facts and level of risk, and may include:

• Supervised contact.
• Indirect contact only.
• No contact for a period of time.
• A staged re-introduction to contact.

In these situations, clear legal guidance can help reduce uncertainty and ensure the child’s safety remains at the centre of every decision.

Can a Child Arrangements Order be changed or enforced later?

Yes. Family life changes, and orders sometimes need to change with it. 

If arrangements are no longer working, or circumstances have shifted in a meaningful way, it may be possible to apply to vary or discharge an existing order. 

Equally, if one person is not following the terms of an order, the court has enforcement powers, although it will still consider whether there was a reasonable excuse for any breach.

For most parents, the aim is not simply to secure an order. It is to create something stable, realistic and child-focused that gives everyone clarity. 

How can the Jackson Lees Group help with Child Arrangements Orders and family court applications?

Reaching agreement about your children can feel overwhelming, especially when emotions are high and the future feels uncertain. At the Jackson Lees Group, our family law specialists focus on bringing clarity and calm to that situation. We take the time to understand your circumstances and explain your options in a straightforward way, so you can make informed decisions with confidence rather than guesswork.

Our approach is always centred on achieving practical, child-focused outcomes while avoiding unnecessary conflict wherever possible. Whether through careful negotiation, mediation, or court proceedings if needed, we guide you at every stage, keeping your child’s wellbeing at the heart of everything we do.

If you are unsure where you stand or worried about how the process might unfold, early advice from our specialist team can make all the difference. Please give us a call, request a callback or make an enquiry to find out how we can support you.