Child arrangements orders: sorting out arrangements for children
A child arrangements order is a court order that sets out arrangements for a child, including:
- who the child will live with;
- who they will spend time with or otherwise have contact with; and
- when those arrangements will take place.
These orders are commonly used where parents cannot agree on arrangements for their child, including following separation (Children Act 1989, section 8).
What a child arrangements order actually is
It is a single order that can cover both halves of the parenting question: the ‘live-with’ provision and the ‘spend-time-with’ provision. It replaced residence orders and contact orders, and ‘custody’ and ‘access’ no longer describe any order a family court in England and Wales can make.
A child arrangements order does not, by itself, remove a parent’s existing parental responsibility. A parent who already has parental responsibility will normally continue to have it even if the child lives mainly with the other parent.
The order provides a formal record of the arrangements decided or approved by the court. Provisions about spending time or other contact usually end when the child turns 16, unless there are exceptional circumstances. Provisions about who the child lives with can continue until they are 18.
What an order can contain — times, handovers, holidays, and conditions
- Days and times: which nights, which weekends, and what time the child is collected and returned.
- Handovers: where they happen, and which parent does the travelling.
- Holidays: how the school holidays are divided, and how Christmas and birthdays work.
- Conditions that apply to a specific person
Where the order names who the child is to live with, changing the child’s surname or taking the child out of the United Kingdom needs the written consent of everyone who holds parental responsibility or the leave of the court. The one exception is a trip abroad of less than one month with a person named in the order as a person with whom the child is to live.
Agreeing arrangements between yourselves
A private agreement between the two of you is not a court order and cannot be enforced if one of you breaks it. It is still a dated record of what you both agreed, and it forms part of the picture the Judge looks at if the matter later reaches court. Pin down in it:
- who handles the handover, where it happens, and at what time
- how the school holidays are divided, named holiday by named holiday
- what happens when someone is running late
- what happens when the child is ill
- what happens when one of you needs to change a weekend
What a court order adds that an agreement does not
A private agreement is not enforceable in the same way as a court order. A condition one parent announces, such as no overnight stays, has no legal force; conditions bind only where an order carries them. An order adds three things:
- It is enforceable. If a child arrangements order is breached without reasonable excuse, the court has powers to enforce it. This can include an enforcement order requiring unpaid work or, where the breach has caused financial loss, an order requiring compensation to be paid.
- It confers parental responsibility on a non-parent named as the person the child lives with, for as long as that provision lasts.
- It provides a legally binding framework for the arrangements unless the order is later varied or discharged.
Will a court make an order if neither of you is arguing about it?
The court “shall not make the order… unless it considers that doing so would be better for the child than making no order at all” (Children Act 1989, section 1(5)).
The court must therefore be satisfied that making an order would be better for the child than making no order. Where an arrangement is breaking down and not holding, that test can be met.
How a court decides when parents cannot agree
The child’s welfare is the court’s paramount consideration. Where the application is opposed, the court works through the welfare checklist. That includes:
- the child's wishes and feelings in light of their age and understanding
- any harm the child has suffered or is at risk of suffering
- each parent's ability to meet the child's needs
Applying to court — what the process involves and how long it takes
- A parent can apply for a child arrangements order without the other parent’s agreement. Grandparents and other relatives may also be able to apply, although they may need the court’s permission depending on their circumstances.
- In most cases, before applying you must attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies (Children and Families Act 2014, section 10(1)). It is a meeting you attend, not an agreement you have to reach, and the exemptions include domestic abuse and urgency.
- You apply on form C100, specifying which of the three section 8 orders you are asking for.
- The court fee is £270 (as at September 2026), and the mean time from application to conclusion for a private law case is 35 weeks (Ministry of Justice, January to March 2026).
What you obtain is a sealed order setting out with whom the child lives, when they spend time with the other parent and on what terms. It can later be varied on the same tests as a first application.
HEATHER BROADFIELD
HEAD OF FAMILY LAW
TO CONTACT HEATHER PLEASE
CALL01744 626 600
EMAIL[email protected]
“Our goal is to simplify the process and ease your stress so you feel confident and cared for every step of the way.”
Our team have many years of experience in helping clients and their families navigate the legal process during some of life’s most challenging and difficult times. Led by our Head of Family Law, Heather Broadfield, our Family Law department handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.
TO CONTACT HEATHER PLEASE CALL01744 626 600
EMAIL[email protected]
