How to Apply for a Child Arrangement Order in England and Wales

May 30

When a relationship ends and you have children, deciding where your child will live and how much time they spend with each parent is essential. These decisions, known as ‘child arrangements’, can be complex and emotionally challenging.

At RJS Family Law, we are dedicated to supporting you through the process of applying for a Child Arrangements Order, providing clear advice and compassionate guidance every step of the way.

Who can Apply for a Child Arrangement Order?

You can apply for a Child Arrangements Order if you are:

The mother or father who has parental responsibility.
A close family member such as a grandparent, aunt, uncle, sibling (including by marriage or civil partnership), half-sibling, or step-parent, and the child has lived with you for at least one year.
The child’s guardian or special guardian appointed after a parent’s death.
A kinship foster carer with the child living in your care for over a year or with consent from those holding parental responsibility.
A private foster carer who has cared for the child for a minimum of three years.

You may also apply if you have permission from:

Children’s services if the child is under their care.
Anyone holding a residence or child arrangements order for the child.

Applicants must be 18 or over, and normally cannot apply for children aged 16 or older. If you don’t meet these criteria, you can still ask the court for permission to make an application.

Step-by-Step Guide to Applying for a Child Arrangements Order

Applying for a Child Arrangements Order involves several important steps designed to prioritise your child’s welfare and help you reach an arrangement that works for your family. Here’s what you can expect throughout the process:

1. Mediation Information and Assessment Meeting (MIAM)

Before proceeding to court, a MIAM is typically required. Our experienced mediators at RJS Family Law can facilitate this meeting, helping you explore whether mediation could resolve your issues amicably, thus avoiding the need for court intervention.

2. Application Form Assistance

If mediation is not suitable or successful, you will need to complete Form C100 to apply to the court. Our team can assist you in accurately completing this form, ensuring all necessary details are included, and advise on any additional forms, such as Form C1A, if there are concerns about harm.

3. Court Representation

Once your application is submitted, a court hearing will be scheduled. RJS Family Law offers expert representation to ensure your case is presented effectively, advocating for arrangements that serve the best interests of your child.

4. CAFCASS Liaison

CAFCASS plays a crucial role in assessing any risks to the child. Our solicitors will liaise with CAFCASS on your behalf, ensuring that all necessary information is communicated clearly and efficiently.

5. Achieving the Best Outcome

The court’s decision will focus on the child’s welfare. Our legal team is dedicated to achieving a favourable outcome, whether it involves a Child Arrangements Order, Prohibited Steps Order , or Specific Issue Order, tailored to your family’s unique needs.

How Long Does a Child Arrangements Order Last?

Child Arrangements Orders generally remain in place until the child turns 18, unless a care order from the local authority replaces it or a parent applies to have it ended. Once granted, these orders are not usually supervised or reviewed by the court.

How Much is it to Apply for a Child Arrangement Order?

Applying for a court order currently costs £263. However, if you’re on a low income or receiving benefits, you may be eligible for financial help to cover these fees.

What If Your Current Arrangements Aren’t Working?

If your current child arrangements are no longer suitable, there are a few options available. You and the other parent can try to negotiate a new agreement yourselves or return to mediation at any time. Mediation often helps resolve disputes faster and less expensively than court.

However, if repeated attempts to reach an agreement fail, you may need to ask the court to make a binding decision. In some situations, such as where you are worried about a specific decision the other parent might take, a Prohibited Steps Order can be sought to prevent actions like removing the child from the country or changing their school without your consent.

In urgent or serious cases, like concerns over domestic abuse or immediate risk to the child, emergency court orders can be made to protect your child while a longer-term solution is found.

Why Choose a Family Lawyer like RJS Family Law?

Choosing the right legal support during what can be a challenging time is crucial, especially when your child’s welfare is at the heart of the matter.

At RJS Family Law, we understand that navigating family law is not just about legal procedures, it’s about people, emotions, and securing the best possible future for your child. We offer:

● Expertise and Experience: Our solicitors specialise in family law, bringing years of experience to your case.

● Personalised Service: We understand that every family is different. Our approach is tailored to meet your specific circumstances and goals.

● Comprehensive Support: From initial consultation to court representation, we provide comprehensive support throughout the process.

● Client-Centric Approach: We prioritise your needs and the best interests of your child, ensuring you feel supported and informed at every stage.

Reach out to us to schedule a FREE consultation and take the first step towards securing your child’s future.

FAQs

Do I have to try mediation before applying to court?
In most cases, yes. You’ll need to attend a Mediation Information and Assessment Meeting (MIAM) to explore resolving disputes without court involvement, unless you qualify for an exemption such as cases involving domestic abuse or urgent risk.
What happens after I submit my application?
The court will usually schedule a hearing and may instruct the Children and Family Court Advisory and Support Service (CAFCASS) to carry out an assessment to help the court understand what’s best for your child.
How long does the process take?
Timescales vary depending on the complexity of the case and the court’s schedule. Some cases are resolved quickly, while others may take several months.
Can I apply for a Child Arrangements Order if the child is over 16?
Generally, no. The court normally won’t make a Child Arrangements Order for children aged 16 or over, as they are expected to make their own decisions.
What if the other parent disagrees with the application?
If the other parent contests the application, the court will consider evidence from both sides before making a decision based on the child’s best interests.
Do I need a solicitor to apply?
You can apply for a Child Arrangements Order on your own, but having a family law solicitor can make the process much clearer and less stressful. At RJS Family Law, our experienced solicitors provide expert advice, assist with completing paperwork, guide you through mediation, liaise with CAFCASS, and represent you at court hearings. We are committed to supporting you every step of the way and ensuring your child’s welfare remains the top priority throughout the process.