Child Arrangements Orders
Court orders setting out who the child "lives with" and who the child "spends time with" — replacing the old residence and contact order terminology under the Children Act 1989.
Child Arrangements
When parents can't agree on where children live or how much time they spend with each parent, the Family Court applies the welfare checklist under the Children Act 1989 — the child's best interests are the court's only consideration. Submit your request and a specialist children law solicitor will advise on your options.
Common Situations
When parents separate, informal arrangements often work initially but break down over time. If agreement cannot be reached, a Child Arrangements Order sets out — with the force of law — who the children live with and the time they spend with the other parent.
One parent withholding children from the other — without a court order in place — is not automatically unlawful, but it is a factor the court considers seriously. A solicitor can seek an urgent Child Arrangements Order to reinstate contact, or apply to enforce an existing order that is being breached.
A parent with a Child Arrangements Order cannot take children out of the country without written consent from all those with parental responsibility, or a court order. Relocation within the UK is less restricted but the other parent can apply for a prohibited steps order. Legal advice is essential before any move is made.
What We Cover
From reaching a parenting agreement without court to contested final hearings — submit any of these matters and a specialist children law solicitor will be in touch.
Court orders setting out who the child "lives with" and who the child "spends time with" — replacing the old residence and contact order terminology under the Children Act 1989.
Resolving specific disagreements — which school a child attends, medical treatment decisions, surname changes, or whether a child can travel abroad for a holiday.
Emergency orders preventing a parent from taking a specific step — relocating with the children, removing them from school, or taking them abroad — without court permission.
Applications to relocate within the UK or internationally with children, and opposing applications by the other parent — both require careful preparation and evidence.
Where a parent repeatedly breaches a child arrangements order — withholding contact, failing to return children — enforcement applications including unpaid work and committal to prison.
Applications for parental responsibility by fathers and step-parents, disputes over the exercise of parental responsibility, and advice on what parental responsibility does and does not allow.
Why It Matters
Understanding how the court applies the welfare checklist — and how CAFCASS officers and judges weigh different factors — changes the way you approach proceedings from the outset.
Section 1 of the Children Act 1989 establishes the welfare principle — the child's best interests are paramount. The court applies the welfare checklist: the child's wishes, physical and emotional needs, likely effect of change, background, and any harm suffered or at risk. Neither parent's preferences matter except where they serve the child's welfare.
CAFCASS (Children and Family Court Advisory and Support Service) officers conduct safeguarding checks, meet with parents and children, and produce welfare reports (Section 7 reports) that judges rely on heavily. How you engage with the CAFCASS officer — and what you say and do before the report is written — directly shapes the outcome.
Section 1(2) of the Children Act 1989 requires courts to assume that delay in resolving children cases is harmful. Interim orders are regularly made at early hearings — first impressions, interim arrangements, and the quality of your initial application all shape what happens at the final hearing.
A parenting arrangement that is not recorded in a court order has no legal force. Either parent can withdraw from it at any time. Only a Child Arrangements Order — sealed by the court — is enforceable. Enforcement for breach of a court order includes unpaid work orders and, in serious cases, committal to prison.
The Process
Most child arrangements cases resolve by agreement at or before the First Hearing. Early legal advice — and a clear, child-focused position from the outset — significantly increases the chance of settlement without a contested final hearing.
Before applying to court you must attend a MIAM unless an exemption applies — domestic abuse (with supporting evidence), urgency, child safety concerns, or previous MIAM attendance. Many cases settle through mediation without ever reaching court.
The application sets out the orders being sought, the child's current circumstances, and any safety concerns. CAFCASS is notified automatically and conducts pre-hearing safeguarding enquiries — contacting both parents and checking police and social services records within 17 days.
Both parents attend. The CAFCASS officer presents initial safeguarding findings. The judge explores whether agreement is possible and makes interim orders for the child's arrangements while proceedings continue. Many cases resolve at this stage.
Where the case does not settle at the FHDRA, the court directs a full welfare report (Section 7 report) from a CAFCASS officer. The officer meets each parent separately, meets the child, and makes a recommendation to the court. This report carries very significant weight at the final hearing.
If the case remains contested, a final hearing takes place — usually lasting one to two days. Both parents give evidence. The judge applies the welfare checklist, considers the CAFCASS recommendation, and makes a final Child Arrangements Order. The order is legally binding and enforceable.
Information That Helps
The clearer your summary, the easier it is to identify the right specialist and assess urgency accurately.
Children's ages, names, and current living arrangements — who they are living with and since when.
Whether any court orders are already in place (Child Arrangements Orders, Specific Issue Orders, injunctions).
Whether CAFCASS has been involved previously — any existing welfare reports or safeguarding letters.
Any history of domestic abuse, police involvement, social services contact, or child protection proceedings.
Whether the other parent has parental responsibility — and whether there are disputes about how it is exercised.
Any planned or threatened relocation — domestic or international — and the proposed destination and timing.
Submitting the form does not create a solicitor-client relationship and does not replace legal advice.
Common Questions
A Child Arrangements Order is a court order under section 8 of the Children Act 1989 that sets out who the child "lives with" (previously called residence) and who the child "spends time with" (previously called contact). It replaced the old terminology in 2014. The order is legally binding — breach is a contempt of court and can result in enforcement proceedings, unpaid work orders, or in serious cases, committal to prison.
Not necessarily. Many parents reach agreement through mediation, negotiation between solicitors, or directly. A Parenting Plan records the agreed arrangements and while it is not a court order, it provides a clear framework. If agreement cannot be reached — or if there are safety concerns — a court application becomes necessary. A solicitor advises which route is most appropriate for your specific situation.
CAFCASS (Children and Family Court Advisory and Support Service) is an independent body that represents children's interests in Family Court proceedings. They conduct initial safeguarding checks on both parents (checking police and social services records), meet the child, and where directed by the court, produce a Section 7 welfare report with a recommendation on what arrangements would best serve the child's welfare. Judges place significant weight on CAFCASS recommendations.
There is no fixed age at which a child's wishes become determinative. The court considers a child's views as part of the welfare checklist — giving them weight commensurate with the child's age and level of understanding. The older and more mature the child, the more weight their views carry. A 15 or 16 year old's clear and settled preference is difficult for a court to override, but even younger children's views are considered. CAFCASS officers are trained to ascertain and represent children's wishes without exposing them to pressure from either parent.
Repeated breach of a Child Arrangements Order is a contempt of court. Enforcement options include an enforcement order (unpaid work), a financial compensation order, variation of the order to reflect what actually works in practice, and in cases of serious or persistent breach, committal to prison. A solicitor advises on which enforcement route is most appropriate and most likely to result in the order being followed going forward.
No — not without either written consent from all those with parental responsibility, or a court order. Removing a child from the country without consent is a criminal offence under the Child Abduction Act 1984. If you believe removal is being planned, a solicitor can apply urgently for a prohibited steps order and, if necessary, a port alert — flagging the child's details with the UK Border Force to prevent travel.
How It Works
You do not need to know the exact legal process. Describe the current arrangements, what you are trying to achieve, and any urgency — and your request will be reviewed by a specialist children law solicitor.
Submit Your RequestUse the form to explain the children's current arrangements, what is disputed, any safety concerns, and whether court proceedings have already started.
Your matter is reviewed with the children's ages, urgency, and any safety concerns in mind. Cases involving risk of removal or ongoing denial of contact are prioritised.
A specialist children law solicitor contacts you for a free initial consultation — advising on the likely process, how the court approaches welfare decisions, and the realistic options for your situation.
Child Arrangements Solicitors
Describe your situation once and a specialist children law solicitor will be in touch for a free initial consultation.
Submit Your Request