How do I apply for a Child Arrangements Order?

Understanding a Child Arrangements Order

A Child Arrangements Order can determine where a child will live and how much time they will spend with each parent. It is binding and enforceable which can be crucial when parents cannot agree on these arrangements independently. Depending on the circumstances and need, these orders can be fairly flexible, recording principles for general patterns (for example, an ‘every other weekend’ type agreement, what will happen for special days and times such as religious holidays, birthdays, mother’s and father’s day and so on) or be very precise fixing particular dates and so on.

Initial Steps

Before applying for a Child Arrangements Order, it’s essential to think about how you might resolve the matter out of court (“non-court dispute resolution”, NCDR). You usually need to attempt mediation, at least by having an initial information meeting. Mediation is a process where an impartial mediator helps both parents reach an agreement without going to court. If mediation fails or is deemed inappropriate, your mediator will sign a certificate so you can proceed with the court application.

Completing the Application

To apply for a Child Arrangements Order, you need to complete the C100 form. This form is available on the Government’s website here. The form requires detailed information about you, the other parent, and the child. It also asks for the reasons you are seeking the order and any concerns about the child’s welfare.

If you are alleging that either you (or the child) are at risk of harm of any type then you will also need to complete form C1A, also available on the Government’s website here. If this form applies to you, it probably flags that your case may have complex aspects about which you should seek legal advice before lodging documents at court. It’s crucial that these forms are completed fully and accurately when the application is made. Trying to add or change detail later could really undermine your case.

Submitting the Application

Once the C100 form is completed, submit it online along with the required fee (which you can find in form ex50 online). If you are on a low income, you may be eligible for help with the fees (form available online). The court will then fix a timetable including scheduling a hearing called the First Hearing Dispute Resolution Appointment (FHDRA).

Before the first hearing

The court will send your application to Cafcass (Children and Family Court Advisory and Support Service). An officer will phone you, and the child’s other parent, to find out about the current arrangements, any concerns, and why an application has been made. Cafcass will also conduct initial, basic safeguarding checks to find out the extent to which the family is known to the police and children’s services. Cafcass will produce a short letter summarising the initial findings, shortly before the first hearing.

The Court Process in a nutshell

At the FHDRA, both parents (or their legal representatives – you might want a solicitor or barrister to represent you at this hearing) will discuss the case with a judge and usually a Cafcass officer (who may or may not be who you spoke with on the phone).

If there’s no prospect of settling the matter at court at the FHDRA the court will decide what further information would be required to progress matters. For example, Cafcass may be asked to conduct further safeguarding checks or a welfare report which could include speaking to the child to understand their wishes; Medical or Police records may need to be obtained;  It could be that drug or alcohol testing may be necessary; Written statements may be sought; A fact finding hearing may be needed; and much more besides.

If an agreement is not reached, the case may proceed to further hearings, where ultimately the court could impose a final decision based on the child’s best interests. Depending on the case, the matter could be ongoing for 3-12 months, or more.

Final thoughts

Applying for a Child Arrangements Order can be a complex process, but it is designed to ensure the best outcome for your child. Seeking legal advice and support from family law professionals can provide invaluable guidance and increase your chances of a favourable outcome.

For more detailed information and support, consider consulting with a family law solicitor who can offer tailored advice based on your specific circumstances.