Child Arrangements Order Guide UK 2025 — Court Process, Costs & What Judges Decide

A Child Arrangements Order (CAO) is a court order that sets out who a child lives with and spends time with. They replaced “residence” and “contact” orders in 2014. If you and the other parent cannot agree on arrangements, the court can make an order — but the process takes months, costs money, and is emotionally demanding. This guide explains the full process, what courts consider, and how to avoid court altogether where possible.

The Court Process — Step by Step

1. MIAM — Attend a Mediation Information and Assessment Meeting. The mediator assesses whether mediation is suitable. If it is and you proceed, a successful mediated agreement saves months and thousands. Even if unsuccessful, you receive a MIAM certificate allowing you to apply to court.
2. Form C100 — Complete and file the application form (C100) at your local family court, paying the £232 fee. If there is a risk of harm, also complete Form C1A.
3. CAFCASS safeguarding checks — CAFCASS contacts both parents and checks police and local authority records. They produce a safeguarding letter within a few weeks.
4. First Hearing Dispute Resolution Appointment (FHDRA) — Usually within 4–8 weeks of application. The judge reviews the CAFCASS letter, clarifies issues, and explores whether agreement is possible. A consent order can be made at this hearing if both parties agree.
5. Dispute Resolution Appointment (DRA) — If not resolved at FHDRA, a DRA is listed. The judge again explores settlement. A Section 7 report from CAFCASS may be ordered here.
6. Final Hearing — If still unresolved, a final hearing is listed where both parties give evidence and the judge makes a final order. This is the most expensive and emotionally draining stage.

What Courts Actually Decide

Courts apply the welfare checklist from section 1(3) of the Children Act 1989. There is a presumption (introduced in 2014) that the involvement of both parents will further the child’s welfare, unless the contrary is shown. However, this is not a presumption of equal time — courts decide what arrangement serves the child’s welfare, which varies by age, circumstance, and practicalities.

Courts strongly encourage parental agreement and will facilitate this at every stage. Judges are increasingly reluctant to make “winner takes all” decisions. The most common outcome for younger children is that the child lives primarily with one parent with regular, structured contact with the other. For older children the child’s stated wishes carry more weight.

Alternatives to Court

Family mediation, collaborative law, and solicitor-negotiated agreements are all significantly cheaper and less damaging to the parental relationship (and therefore the child) than court. Many families reach lasting arrangements through mediation that work far better than court orders because both parents had ownership of the outcome. The Family Mediation Council has a register of accredited mediators at familymediationcouncil.org.uk.