What is a Child Arrangements Order?
A Child Arrangements Order (CAO) is a court order made under section 8 of the Children Act 1989 that sets out the practical arrangements for a child. It covers two main things: who the child lives with (sometimes still called residence, or custody) and who the child spends time with or otherwise has contact with, and when (sometimes called contact or access).
"Contact" refers to the time a child spends with an adult, which may take several forms:
- Direct contact: Face-to-face time with the person named in the order
- Overnight contact: Extended or overnight visits
- Telephone or video contact: Telephone or video contact: FaceTime, phone calls.
- Supervised contact: Visits monitored by an approved supervisor
- Indirect contact: Communication through letters, cards, or other indirect means
The court may also decide to order no contact if it is deemed necessary.
Living Arrangements
A CAO can allow a child to live with one parent or both parents. If the order specifies both parents, it does not mean the child spends equal time in each home. Instead, it acknowledges both parents as having equal legal status, and the order usually includes a detailed schedule even if the time with each parent is unequal. Where the order names both parents, the split of time is whatever the court decides is in the child's best interests, which may or may not be equal. You can read more about shared care on our shared parenting page.
Duration of the Order
A CAO deciding where a child lives usually remains in effect until the child turns 18. For orders concerning contact with another person, they typically last until the child is 16 but may extend to 18 in special circumstances.
Who Can Apply for a Child Arrangements Order
A child's parent, a step-parent or guardian, or anyone the child has lived with for at least three of the last five years can apply for a Child Arrangements Order as of right. Others, including grandparents and other relatives, can apply but usually need the court's permission first, or the consent of everyone with parental responsibility.
Applying for a Child Arrangements Order
Before you can apply you normally have to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, for example where there are allegations of domestic abuse. Mediation is often a good alternative to court, but where it is not suitable or positions remain fixed, a court application is the next step. You apply on a C100 form and the court fee is £263, which may be reduced or waived if you are on a low income or certain benefits.
Child Focused Courts and the Decision Hearing
What is a Decision Hearing?
A Decision Hearing is a hearing at which the judge makes a final or near-final decision about your child's arrangements, rather than simply giving directions for the next stage. It is central to the Child Focused Courts model, the reformed approach to private law children cases that was previously known as Pathfinder. Because the court arrives at a Decision Hearing already holding a full picture of the family, for many parents it is the only hearing they attend. That makes thorough preparation more important than ever. Where the issues are clear and the evidence is already before the court, the judge can resolve matters and make a Child Arrangements Order on the day.
What are Child Focused Courts?
Child Focused Courts are the new national way of handling private law children cases. In March 2026 the Ministry of Justice confirmed that the model, piloted as Pathfinder, is being rolled out across England and Wales over three years, with the next phase reaching the north east, north west and east midlands. The model gathers information up front: after a C100 application, CAFCASS prepares a Child Impact Report before any contested hearing, drawing together the family's circumstances and, where appropriate, a domestic abuse risk assessment, so the judge has the full picture from the start. There is no separate FHDRA in these courts.
Could my Decision Hearing be the only hearing I attend?
Often, yes. The first hearing is an Information and Decision Hearing, where the judge reviews the Child Impact Report and decides the way forward: referral to mediation or other support, a further assessment, an interim order, or listing a Decision Hearing to make a final order. In practice the court is usually able to list a Decision Hearing by around week eight, and it frequently ends in a final order. Early evidence backs this up: in North Wales the average case fell from 29 weeks to 18, with families attending fewer hearings. So if your case is in a Child Focused Court, your Decision Hearing may be decisive. We prepare your position statement and your response to the Child Impact Report so you walk in ready for that one opportunity.
The Child Focused Court route versus the traditional route
Rollout is happening over three years, so which route your case follows depends on whether your local court has moved to the new model yet.
Traditional route, where the older model still applies: a C100 application, a First Hearing Dispute Resolution Appointment (FHDRA), often a Dispute Resolution Appointment, and a Final Hearing if no agreement is reached.
Child Focused Court route: a C100 application, a CAFCASS Child Impact Report prepared up front, an Information and Decision Hearing, and a Decision Hearing to make the order where needed.
We support you whichever route your local court follows.
When might the court make a decision at this hearing?
The court may resolve matters at a Decision Hearing where the factual issues are limited or largely agreed, both parties have filed their evidence and position statements, there is no significant dispute about the background facts, the Child Impact Report is available and has been considered, and the case does not involve serious allegations needing a separate fact-finding hearing. Cases involving disputed facts, allegations of domestic abuse, or complex welfare issues will usually proceed to a fuller final hearing instead.
What you need to have ready
Before a Decision Hearing it helps to have an up-to-date position statement setting out the orders you seek and why, a clear grasp of the welfare checklist and your child's best interests, a thorough review of the Child Impact Report and readiness to respond to its recommendations, preparation for the judge to ask questions and potentially make a final order on the day, and any areas of disagreement narrowed as far as possible beforehand.
Why preparation matters
A Decision Hearing can feel daunting because the judge may make a binding final order on the day, often without the extra hearings the old process allowed. Family Law Decisions has experience supporting clients through these hearings. We help you prepare a clear position statement, understand and respond to the Child Impact Report, and be as ready as possible for what to expect.
Message us on WhatsApp or call 0800 140 4648 for a free consultation.
Frequently Asked Questions
1. How much does a Child Arrangements Order cost?
Our fixed fees start from £268, with most clients spending between £400 and £800 per hearing or piece of work. Every stage has a fixed fee — no hourly billing, no hidden charges, and no surprises. The court application fee is £263, though this may be reduced or waived if you are on a low income or receiving certain benefits.
2. Do I need a solicitor for a Child Arrangements Order?
No. You can represent yourself in the family court and have the right to bring a McKenzie Friend for support. A McKenzie Friend works in the background — helping you prepare, organising your documents, and supporting you quietly during the hearing. You present your own case. Family Law Decisions has been supporting people through child arrangements proceedings since 2008. Message us on WhatsApp or call 0800 140 4648 for a free consultation.
3. What happens at the first hearing FHDRA?
In the traditional process the First Hearing Dispute Resolution Appointment (FHDRA) is the first court date after your C100 application. A CAFCASS officer speaks with both parties beforehand and produces a safeguarding letter, and at the hearing the judge explores whether agreement is possible and gives directions if not. In the new Child Focused Courts there is no FHDRA: CAFCASS prepares a Child Impact Report up front and the first hearing is an Information and Decision Hearing. Which one applies depends on whether your local court has moved to the new model. Family Law Decisions can help you prepare thoroughly and support you throughout, whichever route applies.
4. Can I apply for a Child Arrangements Order without going to mediation first?
In most cases you must attend a Mediation Information and Assessment Meeting (MIAM) before applying, unless an exemption applies — for example, where there are allegations of domestic abuse, child protection concerns, or urgency. We can discuss the exemptions with you during a free consultation.
5. What happens if my ex breaks the Child Arrangements Order?
If the other parent does not follow the order, you can apply to the court to enforce it using a C79 form, which has a £263 court fee. You will need to show what has happened. The court can refer parents to a programme or to mediation, but where a breach is proven it can make an enforcement order requiring between 40 and 200 hours of unpaid work, order compensation for any financial loss you have suffered, and in serious cases impose a fine or treat the breach as contempt of court. Because the consequences are serious, the court has to be sure of the breach to the criminal standard. The court can often vary the order if the circumstances have changed since the original order was made. We can help you prepare a C79 application and the supporting evidence.
6. How long does a Child Arrangements Order take?
It varies. The national average for this type of case is around nine months, with many cases taking between six and eighteen months depending on the issues and the court's workload. The first hearing is usually listed about five to six weeks after your C100 application, and a final hearing, if one is needed, often falls eight to twelve months in. Some courts, particularly in London, take considerably longer. Cases in the new Child Focused Courts tend to be quicker, because information is gathered up front and a Decision Hearing can often be listed by around week eight. Reaching agreement, even on some points, is the single biggest thing that shortens the process.
Ready to get started?
Message us on WhatsApp or call 0800 140 4648 for a Free Consultation.
Family Law Decisions has been supporting people through the family courts across England and Wales since 2008. Fixed fees from £268 - every stage has a fixed fee, no hourly billing, no hidden charges, and no surprises.
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