Child Arrangement Orders

When a relationship breaks down, deciding where your children will live and how much time they’ll spend with each parent is often the hardest part. The uncertainty can be overwhelming, and the prospect of court proceedings may feel daunting.

Our children’s solicitors are here to guide you with clarity, empathy, and practical advice at every step. We’ll always look to reach arrangements without conflict, through negotiation or mediation wherever possible. When court proceedings are unavoidable, we’ll represent you with focused, experienced support.

We can advise and represent you on:

• Applying for a child arrangement order
• Securing interim orders while proceedings are under way
• Enforcing an order that isn’t being followed
• Varying an existing order when circumstances change
• Applications by grandparents and other family members
• Matters arising from divorce or separation
• Relocating with children, whether elsewhere in the UK or abroad

Speak to our children’s solicitors today

Contact your nearest Chattertons office in Boston, Bourne, Grantham, Horncastle, Lincoln, London, Market Deeping, Newark, Sleaford, Spalding or Stamford, or complete our online enquiry form. We offer fixed-fee initial consultations, so you can get clear advice with certainty about costs from the start.

Our child arrangement order services

Applying for a child arrangement order

We guide you through every stage of the application process, from attending the Mediation Information and Assessment Meeting (MIAM) to completing the C100 form and preparing for your hearings. We’ll make sure your application is thorough, clearly presented, and focused on your child’s best interests.

Securing interim orders

Where arrangements need to be established quickly while proceedings are ongoing, we can apply for an interim child arrangement order to provide stability for your child in the short term.

Enforcing an order that isn’t being followed

If the other party isn’t complying with an existing order, we can help you take swift enforcement action through the court to protect the arrangements already in place.

Varying an existing order

Life changes. If circumstances have shifted significantly since an order was made, we can advise you on whether and how to apply to vary the existing arrangements to reflect your child’s current needs.

Applications by grandparents and other family members

Grandparents, step-parents, and other family members may also apply for a child arrangement order, though most will first need the court’s permission. We can guide you through the permission process and support your full application.

Matters arising from divorce or separation

Child arrangements are often one of the most pressing concerns during divorce or separation. Our team works closely alongside our family law colleagues to ensure you receive joined-up, practical support.

Relocating with children

If you’re hoping to move with your child, whether to a different part of the UK or abroad, we can advise you on the legal requirements and help you reach an agreement with the other parent wherever possible. Where agreement isn’t possible, we can guide you through applying to the court for permission to relocate, or help you respond if the other parent is objecting to a move you oppose. Relocation cases call for careful preparation, and we’ll help you build a clear, well-evidenced case focused on your child’s welfare.

How to apply for a child arrangement order

Before making an application, you’ll usually need to attend a MIAM to explore whether family mediation could resolve the matter. Exemptions apply in cases involving domestic abuse.

If mediation isn’t suitable or doesn’t succeed, you apply using a C100 form. The current court fee is £255. We’ll help you prepare your application carefully and completely.

The court process and timescales

Once an application is submitted, the case moves through a series of hearings:

• First Hearing Dispute Resolution Appointment (FHDRA): the court explores whether an agreement can be reached and identifies the key issues.
• Dispute Resolution Appointment (DRA): a further opportunity to narrow issues and, where possible, settle the case.
• Final hearing: a judge makes a binding decision if no agreement has been reached.

Fact-finding hearings may also be required where there are allegations of harm or abuse. From application to final order, most cases take between four and 12 months, though complex matters can take longer.

What the court considers

The court’s overriding concern is the welfare of the child. Judges apply the welfare checklist set out in the Children Act 1989, which includes:

• The child’s wishes and feelings, given appropriate weight for their age and maturity
• Their physical, emotional, and educational needs
• The likely effect of any change in circumstances
• Any risk of harm, including domestic abuse
• Each parent’s capability to meet the child’s needs

Types of child arrangement orders

Lives with orders

A lives with order sets out which parent the child lives with day to day. The court can also make a “shared lives with” order where both parents share the child’s time more equally.

Spends time with orders

A spends time with order specifies when and how a child spends time with the parent they don’t primarily live with, covering overnight stays, school holidays, and regular contact during term time.

Combined orders

In many cases, the court makes a single combined order covering both where the child lives and the time they spend with each parent, giving a clear and complete picture of the arrangements.

Interim child arrangement orders

Where proceedings are ongoing and arrangements need to be established quickly, you can apply for an interim child arrangement order. These temporary orders can be adjusted as matters develop. In urgent situations, it’s also possible to apply without first notifying the other party, known as an ex-parte application, though courts grant these only in exceptional circumstances.

Enforcing a child arrangement order

A child arrangement order is legally binding. If the other party persistently fails to comply, you can apply to court to enforce it. Consequences can include unpaid work orders, financial penalties, a change to the existing order, and in the most serious cases, a custodial sentence.

Varying or changing a child arrangement order

Either party can apply to vary an order if there’s been a significant change in circumstances, such as a parent relocating or a change in the child’s needs. The court will apply the welfare checklist again when considering any proposed changes.

How long does a child arrangement order last?

Most child arrangement orders remain in force until the child turns 16. In exceptional circumstances, the court can extend an order until the child turns 18. Orders can also end earlier if both parties agree and the court approves new arrangements.

Child arrangement orders and parental responsibility

A child arrangement order doesn’t automatically grant parental responsibility. Parental responsibility is a separate legal concept covering decision-making rights over a child’s upbringing, including education and medical treatment. CAOs and parental responsibility often interact closely, and we can advise you on whether a parental responsibility order may also be relevant to your situation.

How Chattertons can help

Our family law team includes members of Resolution, a professional body committed to resolving family disputes constructively and with minimum conflict. We’re ranked Tier 2 for family law in the East Midlands by The Legal 500. We’re also proud that one of our solicitors is an accredited member of the Law Society’s Children Panel, a specialist status held by only a small number of solicitors nationally and reserved for those who’ve demonstrated particular knowledge, skill, and experience in children law.

We believe court proceedings should be a last resort. We’ll always explore negotiation and mediation first, working to reach arrangements that put your children’s wellbeing at the centre. Where court is unavoidable, our children’s solicitors will represent you with clarity and care. We offer fixed-fee initial consultations across our offices in Lincolnshire, Nottinghamshire, and London.

Clients often ask us…

What is a child arrangement order?

A child arrangement order (CAO) is a court order that sets out where a child lives and who they spend time with. CAOs replaced the former residence and contact orders under the Children and Families Act 2014. There are two main types: a “lives with” order and a “spends time with” order. In many cases, the court makes both within a single order.

Who can apply for a child arrangement order?

Parents with parental responsibility have an automatic right to apply. Others, including grandparents, step-parents, and extended family members, must first seek the court’s permission, known as leave to apply. If you’re unsure whether you’re eligible, we can assess your situation and advise you before any steps are taken.

How much does a child arrangement order cost?

The court fee for an application is currently £255. Solicitor costs depend on the complexity of the case and whether it’s contested. Legal aid may be available in cases involving domestic abuse. We’ll give you a clear cost estimate at your initial consultation so there are no surprises.

Do I need a solicitor for a child arrangement order?

You can apply without a solicitor, but we strongly recommend taking advice, particularly where the case is contested or there are safeguarding concerns. A solicitor will help you navigate the process and present your case effectively.

Can grandparents apply for a child arrangement order?

Yes, but grandparents must first apply for the court’s permission, known as leave to apply. The court will consider the nature of the relationship with the child and whether granting permission is in the child’s best interests.

Is a child arrangement order legally binding?

Yes. Once the court makes a child arrangement order, both parties are legally required to comply with it. Failure to do so can result in enforcement proceedings.

How long does it take to get a child arrangement order?

Most cases take between four and 12 months from application to final order. Uncontested matters can resolve more quickly, while complex or disputed cases may take longer.

What happens if someone breaches a child arrangement order?

The court can impose unpaid work, financial penalties, a variation of the existing order, and in cases of serious or persistent breach, a custodial sentence.

Can a child arrangement order be changed?

Yes. Either party can apply to vary the order if there’s been a significant change in circumstances. The court will apply the welfare checklist afresh when considering any changes.

At what age can a child refuse to see a parent?

There’s no set age. The court considers the child’s wishes as part of the welfare checklist, giving those wishes greater weight as the child grows older and demonstrates sufficient maturity.

Speak to our children’s solicitors today

Contact your nearest Chattertons office in Boston, Bourne, Grantham, Horncastle, Lincoln, London, Market Deeping, Newark, Sleaford, Spalding or Stamford, or complete our online enquiry form. We offer fixed-fee initial consultations and a member of our team will be in touch promptly.