Quick Answer
A child arrangements order sets out who a child lives with and who they spend time with. It replaced residence and contact orders in 2014. You apply using Form C100 after attending a MIAM. The court's paramount consideration is the child's welfare.
A Child Arrangements Order (CAO) is a court order that sets out who a child lives with, who they spend time with, and how contact takes place. It replaced the old "residence" and "contact" orders in 2014 under the Children and Families Act. This comprehensive guide covers everything you need to know about applying for, obtaining, and enforcing a child arrangements order in England and Wales.
A CAO can specify: who the child lives with (previously "residence"), who the child spends time with (previously "contact"), and the arrangements for that contact — including dates, times, handover arrangements, holiday contact, and any other relevant arrangements. The order is tailored to the specific needs and circumstances of the child and family.
You apply using the C100 form after attending a MIAM (unless exempt). The court will list a First Hearing Dispute Resolution Appointment (FHDRA) within 4-6 weeks. If agreement is not reached, the case proceeds to a Dispute Resolution Appointment (DRA) and potentially a final hearing. The process typically takes 6-12 months for contested cases.
The child's welfare is the court's paramount consideration. The court applies the welfare checklist under s.1(3) Children Act 1989, considering the child's wishes, physical and emotional needs, the effect of change, and any risk of harm. The court must be satisfied that making the order is better than making no order at all.
If the other party breaches the order, you can apply to enforce it using a C79 application. The court can impose unpaid work requirements, fines, or in serious cases, commit the breaching party to prison for contempt of court. Enforcement is taken seriously by the courts.
A CAO typically lasts until the child turns 16, unless the court specifies otherwise or the child's circumstances change significantly.
Yes. You can apply to vary the order if there has been a significant change in circumstances using a C100 form.
You can apply to enforce the order using a C79 application. The court takes breaches seriously and has a range of enforcement powers.
No. Many parents successfully obtain child arrangements orders as litigants in person with the help of a McKenzie Friend and resources like CourtCraft Advocate.
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