What is a Child Arrangements Order?
A Child Arrangements Order (CAO) is a court order that establishes arrangements for a child or children, specifically regarding:
- With whom the child will live, spend time, or otherwise have contact
- When the child will live, spend time, or otherwise have contact with any person
"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: Facetime, skype, 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.
Applying for a Child Arrangements Order
If difficulties arise in arranging contact for children, you need to explore mediation first unless exempt. Mediation offers an excellent alternative to court, promoting cooperative discussion. However, if mediation fails and positions remain fixed, a court application is often the next appropriate option to provide a formal resolution. There is a £263 court fee for applying and you use a C100 form to apply. If you are on a low income or receiving certain benefits, you may be eligible for a fee reduction or waiver - see gov.uk/get-help-with-court-fees for details.
Free guide to complete the C100 Form.
Who Can Apply for a Child Arrangements Order
The child’s parent, a step-parent, guardian, or anyone the child has lived with for at least three out of the last five years (including the last three months) may apply for a CAO. Others may apply if they have the consent of all individuals with parental responsibility or the court’s permission.
What Is a Decisions Hearing?
A Decisions Hearing is a relatively recent development in private law children proceedings, introduced as part of ongoing reforms to the Child Arrangements Programme. Rather than requiring parties to go through the full three-stage hearing process, the court can make final or near-final decisions at an earlier stage where the issues are sufficiently clear and the evidence already before the court is adequate. The aim is to reduce delay for children and families while also helping the court deal with cases more efficiently. Not every case is suitable for a Decisions Hearing.
When Might the Court List a Decisions Hearing?
The court may consider listing a Decisions Hearing where:
- the factual issues in dispute are limited or already largely resolved
- both parties have filed the necessary evidence and position statements
- there is no significant dispute about the background facts, only about the outcome
- a CAFCASS welfare report is already available and has been considered
- the case does not involve serious allegations requiring a separate fact-finding hearing
Cases involving disputed facts, allegations of domestic abuse, or complex welfare issues will usually proceed to a conventional final hearing instead.
How Does a Decisions Hearing Differ From an FHDRA or Final Hearing?
An FHDRA is mainly focused on exploring settlement, identifying the issues, and giving directions. It is not designed for final decisions. A Decisions Hearing goes further. The court comes prepared to resolve the matter, and both parties must be ready to address the key issues and, where necessary, give brief oral evidence.
A standard Final Hearing usually involves full oral evidence from both parties, cross-examination, and submissions. A Decisions Hearing is more focused and streamlined. The judge may hear brief evidence and short submissions, but the expectation is that the written materials will do most of the work. It is not a shortcut, and it still requires careful preparation.
What Do You Need to Have Ready?
Before a Decisions Hearing, it is important to have:
- an up-to-date position statement clearly setting out the orders you seek and why
- a clear understanding of the welfare checklist and your child’s best interests
- a thorough review of any CAFCASS report, and readiness to respond to its recommendations
- preparation for the judge to ask questions and potentially make a final order on the day
- any areas of disagreement narrowed as far as possible beforehand
Why Preparation Matters
A Decisions Hearing can feel daunting because the stakes are higher than at an FHDRA. The judge may make a binding final order on the day. Arriving fully prepared can make a significant difference. Family Law Decisions has experience supporting clients through Decisions Hearings. We can help you prepare a clear position statement, review and understand any CAFCASS report, and be as prepared as possible for what to expect on the day.
Message us on WhatsApp or call 0800 140 4648 for a free consultation.
More Details on Child Arrangements Orders
A CAO can specify which person a child will live with, though it does not always determine a specific location.
- 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. The order typically includes a detailed schedule, even if the time spent with each parent is unequal.
- 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.
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?
The First Hearing Dispute Resolution Appointment (FHDRA) is usually the first court date after your C100 application. A CAFCASS officer will speak with both parties beforehand and produce a safeguarding letter. At the hearing, the judge will explore whether agreement is possible and give directions for next steps if not. Family Law Decisions can help you prepare thoroughly and support you throughout the hearing.
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.
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.
For more information
• C100 Form Guide
• Prohibited Steps Order
• Specific Issue Order
• Parental Responsibility
• Children’s Rights
• MIAMs and Mediation
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