Few things are more stressful than not knowing when you’ll next see your children. If you and your ex-partner can’t agree on where the children live or how they spend time with each parent, a child arrangements order may be the answer. But the process can feel daunting, and the old language of “custody” and “access” still causes a lot of confusion. This guide explains, in plain English, what a child arrangements order actually is, how to apply in 2026, what happens once you do, and how to keep the whole thing as calm and low-cost as possible.

What is a child arrangements order?

A child arrangements order is a court order, made under the Children Act 1989, that sets out two things: who a child lives with, and who they spend time with (including how and when). It replaced the older terms most people still use — “custody”, “access”, “residence” and “contact” — back in 2014, as part of a shift away from the idea of one parent “winning” the children.

An order can be as simple or as detailed as your situation needs — covering weekday and weekend routines, holidays, birthdays, handovers, phone and video contact, and more. If you need one, our child arrangements support can help you work out exactly what to ask for.

Do you actually need a court order?

Not always — and this is worth pausing on. The family court works on what’s known as the “no order principle”: a judge will only make an order if doing so is better for the child than making no order at all. If you and your ex can agree arrangements between yourselves, you don’t need to go to court at all, and you keep control of decisions about your own children.

A child arrangements order becomes the right route when agreement simply isn’t possible — for example, if contact is being blocked, or you can’t reach a workable routine. If that’s where you are, out-of-court negotiation is still worth trying first, because it’s faster, cheaper and far less stressful for everyone — especially the children.

Try mediation first: the MIAM requirement

Before you can apply to court, you’re usually required to attend a MIAM — a Mediation Information and Assessment Meeting. This is a meeting with an accredited family mediator to see whether your dispute could be resolved without a courtroom. It’s not the same as being forced into mediation; it’s an information session, and you can still go to court afterwards if it isn’t right for you.

There’s financial help available, too: the government’s Family Mediation Voucher Scheme offers up to £500 towards mediation for child-related issues. Some parents are exempt from the MIAM requirement — most importantly where there’s been domestic abuse, or where the matter is genuinely urgent and delay would put a child at risk. Your MIAM certificate is valid for four months, so you’ll need to apply to court within that window.

How to apply: the C100 form

You apply for a child arrangements order using the C100 form (the same form also covers prohibited steps and specific issue orders). You can apply online, which is usually the quickest route, or send a paper form to your local family court.

As of 2026, the court fee for a C100 application is £263. If you’re on a low income or receive certain benefits, you may be able to reduce or waive that fee through the Help with Fees scheme. The 2026 version of the form has updated sections on mediation and non-court dispute resolution that need to be completed carefully — small mistakes here can cause delays, which is one area where having someone experienced beside you really helps.

What happens next: Cafcass and the first hearing

Once your application is issued, the court sends copies to the other parent (the “respondent”), and Cafcass — the Children and Family Court Advisory and Support Service — carries out initial safeguarding checks with the police and local authority. A Cafcass officer may also phone you before the first hearing.

Your case is then listed for a First Hearing Dispute Resolution Appointment (FHDRA), usually within around four to six weeks. The FHDRA is designed to see whether agreement can be reached with the court’s help before things go any further. Many cases are resolved at or soon after this stage, without a long, contested battle.

How the court decides

Above everything else, the family court’s paramount concern is the welfare of the child — not what either parent feels they’re owed. Judges weigh a “welfare checklist” that includes the child’s needs, their feelings and wishes (considered in light of their age and understanding), the likely effect of any change, and any risk of harm. In almost every case, the court starts from the position that a child benefits from a meaningful relationship with both parents, provided it’s safe.

How long does an order last — and can it change?

A child arrangements order typically lasts until the child is 16 (occasionally 18). Life changes, though — jobs, house moves, children getting older — and arrangements can be varied. If circumstances change significantly, either parent can apply (again using the C100) to vary the existing order.

You don’t have to face it alone — or pay solicitor prices

Applying for a child arrangements order while representing yourself can feel overwhelming, but you don’t have to do it unsupported. A McKenzie Friend can help you complete the C100 correctly, prepare your statements and evidence, get you ready for the FHDRA, and sit beside you at court — all at a fraction of full solicitor fees.

At Shield Family Law, that’s what we do every day. We’re not a solicitor’s firm with eye-watering hourly rates — we offer practical, experienced family law support with transparent pricing. Some of our services are available for a fixed fee, others are charged at an hourly rate, and for any case we’ll provide a clear project quote upfront — so you always know where you stand. Take a look at our fees page to see how it works, and if you’re weighing up the wider costs of separating, our guide to how much divorce costs in the UK may help too.

Is a child arrangements order the same as custody?

Not quite. “Custody” is an old term that no longer exists in law in England and Wales. A child arrangements order deals with who a child lives with and who they spend time with — a deliberately less adversarial way of framing the same questions.

How long does a child arrangements order take?

It varies. The first hearing (FHDRA) is usually listed within around four to six weeks of applying. Cases that settle there conclude quickly; those that are contested and need reports or further hearings can take several months.

How much does a child arrangements order cost?

The court fee is £263 in 2026 (reduced or waived if you qualify for Help with Fees). Beyond that, the cost depends on how much legal help you use — a McKenzie Friend is a far more affordable option than a full-service solicitor.

Do we have to go to court?

No. If you can agree arrangements between yourselves — with or without mediation — you don’t need a court order at all. Court is best kept for when agreement genuinely isn’t possible.

Talk it through with someone who understands

If you’re struggling to agree arrangements for your children, we can help you understand your options and take the pressure off. Shield Family Law provides affordable, experienced McKenzie Friend support to families across Surrey, Hampshire and Berkshire. Book a free, no-obligation consultation and we’ll help you find the calmest, most affordable way forward for your family.

Court fees and figures are correct as of 2026 and can change over time. Always check the latest guidance on GOV.UK. This article is general information, not legal advice.