What is a child arrangements order and what law governs it?
A child arrangements order is a court order made under section 8 of the Children Act 1989. It regulates with whom a child lives, spends time, or otherwise has contact. Live with orders replace what used to be called residence orders, and spend time with orders replace contact orders. The Family Court has jurisdiction and the child's welfare is the paramount consideration.
What is a MIAM and why is it compulsory before applying?
A Mediation Information and Assessment Meeting (MIAM) is a meeting with an accredited mediator that you must attend before applying to the Family Court in most cases. Its purpose is to consider whether family mediation could resolve the dispute without court proceedings. You must complete a MIAM and obtain a signed certificate from the mediator before filing Form C100. Exemptions exist for domestic abuse, urgency, and other specified circumstances.
How do I apply for a child arrangements order?
Complete Form C100 (Application under the Children Act 1989 for a child arrangements, prohibited steps or specific issue order). Attach the MIAM certificate unless you are exempt. File at the Family Court. There is a court fee of £232 (fee remission is available if you are on a low income). You will then be given a first hearing date, usually within four to six weeks.
What is CAFCASS and what role does it play?
The Children and Family Court Advisory and Support Service (CAFCASS) safeguards and promotes the welfare of children involved in family proceedings. In private law cases CAFCASS carries out safeguarding checks and may produce a safeguarding letter before the first hearing. In more complex cases the court may order a fuller Section 7 welfare report prepared by a CAFCASS officer who interviews the parents and children.
What factors does the court consider when making a child arrangements order?
The court applies the welfare checklist in section 1(3) of the Children Act 1989. It considers the wishes and feelings of the child, their physical and emotional needs, the likely effect of any change in circumstances, their age, sex, and background, any harm suffered or at risk of suffering, the capability of each parent, and the range of powers available to the court.
What is a prohibited steps order and when would I need one?
A prohibited steps order prevents a parent or other person from taking a specific step in relation to a child without court consent, such as removing the child from England and Wales, changing the child's school, or changing the child's surname. It is applied for using the same Form C100. You can apply urgently on a without-notice basis if there is an immediate risk.
What is a specific issue order?
A specific issue order gives directions to resolve a specific question about parental responsibility, such as which school a child attends, whether a child receives medical treatment, or whether the child is raised in a particular religion. Like prohibited steps orders, it is applied for on Form C100. The court will consider the welfare checklist and what is in the child's best interests.
How do I enforce a child arrangements order if the other parent is not complying?
If the other parent persistently breaches a child arrangements order you can apply to the Family Court using Form C79 (Application to enforce a child arrangements order). The court can make an enforcement order requiring the defaulting parent to carry out unpaid work, award financial compensation for losses caused by the breach, and in serious cases commit the defaulting parent for contempt of court.
Can I represent myself at the Family Court for a child arrangements case?
Yes. Litigants in person are common in the Family Court. The court will provide the required forms and guidance leaflets. The Personal Support Unit and Citizens Advice offer free support at court. In cases involving domestic abuse or complex welfare issues Legal Aid may be available. You can also use a McKenzie Friend for moral support and quiet advice, though they cannot speak for you.
How does uplaw.ai help with child arrangements orders in England and Wales?
Tell us your situation in the chat — the ages of the children, where they currently live, what arrangements you want, and whether there are any safeguarding concerns. uplaw.ai helps you understand the process, prepare your Form C100 and supporting documents, and identify whether you qualify for a MIAM exemption or Legal Aid — without paying for a solicitor.
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