Applying for a child arrangement order: A comprehensive guide for parents

When a couple divorces, reaching an agreement on where the children will live, their contact with each parent, or other important decisions can be challenging. To provide a clear legal framework and protect the best interests of the child, UK law allows for a Child Arrangement Order (CAO), which has replaced the former Residence Order. A children law solicitors can safeguard your interests and guide you through every step of the process.

This comprehensive guide will help you understand how CAOs work and the steps involved in applying for one.

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What is a Child Arrangement Order?

A Child Arrangement Order (CAO) is an order issued by the family court in the UK to determine a child’s living and contact arrangements when their parents are separated or divorced. This order replaced the former residence order in 2014 and is governed by the Children Act 1989, which prioritises the child’s best interests.

A CAO can cover several elements:

• Residence: Deciding which parent the child will primarily live with.
• Contact: Arranging visitation or time spent with the other parent.
• Specific conditions: Including rules for holidays, electronic communication, or participation in certain activities.

A Child Arrangement Order is legally binding, meaning any breach without a reasonable excuse can be reported to the court and may lead to sanctions. It ensures that each parent’s rights and responsibilities are respected.

When and why apply for a Child Arrangement Order?

In some situations, parents may struggle to agree on arrangements for their children:

Conflicts or lack of agreement

When no amicable agreement can be reached regarding residence or contact time, it may be necessary to apply to the court for a Child Arrangement Order. This provides a clear legal framework issued by the family court child arrangement order and helps reduce tension between parents.

Involvement of other family members

Sometimes, grandparents or other relatives wish to maintain regular contact with the child. In these cases, a child arrangement order grandparents can be requested to legally secure these visits.

Temporary measures

There are instances where decisions need to be made quickly, for example whilst awaiting a final judgment. The court may issue an interim child arrangement order, temporarily setting the child’s residence and contact arrangements until the final decision is made.

How to apply for a Child Arrangement Order?

Obtaining a Child Arrangement Order (CAO) requires following a structured legal process to ensure that each parent’s rights and responsibilities are respected, and that the child’s best interests are protected.

Preliminary steps: Family Mediation

Before applying to the court, it is mandatory in the UK to attend a Mediation Information and Assessment Meeting (MIAM). This mediation takes place with a qualified, impartial family mediator, whose role is to help parents explore whether an amicable agreement can be reached regarding the child’s residence and contact.

Required documents

If no agreement is reached through mediation, the application proceeds to the court. Parents must complete the child arrangement order form, which includes information about the child, the parents, any existing agreements, and specific requests regarding residence and contact. A child arrangement order template UK can help structure the form, but each case must be tailored individually. Supporting documents, such as contact schedules or proof of residence, are also recommended.

Court procedure

The application is submitted to the relevant family court, which schedules a hearing. The court may request additional reports, such as social services assessments. During the hearing, each parent presents their case, and the judge decides on the CAO that best serves the child’s best interests.

Duration and validity

Parents often ask how long does a child arrangement order last; typically until age 16, though this can be extended in certain circumstances. It is also possible to request an interim child arrangement order to set temporary residence and contact arrangements whilst awaiting the final decision.

What are the costs and financial support for a Child Arrangement Order?

Obtaining a Child Arrangement Order (CAO) involves administrative fees and, depending on the case, solicitor’s fees. However, financial support is available to help cover these costs.

Administrative fees

As of April 2025, filing a CAO application with the family court costs £263. This fee must be paid when submitting the application.

Solicitor’s fees

The child arrangement order solicitor cost variesdepending on the complexity of the case. On average, costs start at around £2,500, plus VAT and administrative fees such as court fees.

Legal Aid

Many parents ask can I get legal aid for a child arrangement order. Legal aid is public financial support that can cover part or all of court fees and solicitor’s costs. Eligibility depends on two main criteria:

1. Means test: Eligibility is based on income and savings. Gross monthly income must not exceed £2,657, and disposable monthly income must not exceed £733.
2. Merits test: The case must have a reasonable chance of success. Legal aid is generally available for CAOs if there is evidence of domestic violence or a risk of harm to the child, known as “gateway evidence.”

What to do if a Child Arrangement Order is not followed or needs to be changed?

A Child Arrangement Order (CAO) is legally binding. Parents must comply with its provisions regarding residence, contact, and major decisions concerning the child. Failing to follow the order constitutes a breach of child arrangement order, which can result in legal sanctions, including warnings from the court, fines, or, in serious cases, enforcement measures.

Breach of child arrangement order and legal excuses

A breach occurs when a parent does not comply with the CAO, for example:

• Refusing scheduled contact or changing custody arrangements without agreement.
• Failing to participate in important decisions about the child’s education or health.

However, the law recognises certain reasonable excuses to breach a child arrangement order, including:

• Medical emergencies preventing the parent from following the schedule.
• Risk of harm to the child, where strict compliance would endanger the child physically or emotionally.
• Unforeseen circumstances, such as force majeure or exceptional events making compliance impossible.

How to respond to non-compliance?

If a parent does not follow the CAO, it is important to act promptly and systematically. Understanding how to report a breach of child arrangement order is essential:

1. Document incidents: Record all breaches (delays, denied contact, unauthorised changes) and keep written evidence and witness statements where possible.
2. Communicate with the other parent: Attempt an amicable resolution by clearly reminding them of the order’s terms.
3. Report to the court: File an official application using the how to report a breach of child arrangement order procedure. The family court may summon the parents to a hearing to resolve the issue.
4. Follow up after the hearing: Comply with the court’s decisions to prevent further breaches and ensure the child’s stability.

Modifying or changing the order

A CAO can be adjusted if circumstances change, such as a relocation, changes in family situation, or the child’s specific needs. The procedure how to change a child arrangement order involves submitting an application to the court explaining the reasons and providing supporting evidence. The judge assesses whether the modification serves the child’s best interests. If approved, a new order may be issued, partially or fully replacing the original, whilst remaining legally binding.

FAQs

Can grandparents apply for a Child Arrangement Order? Yes, grandparents can apply if they want contact with their grandchildren, but the court will prioritise the child’s best interests and existing parental rights.

How long does a Child Arrangement Order last? Typically, a CAO remains in force until the child turns 16, unless the court specifies a different duration or makes modifications.

Is a Child Arrangement Order legally binding for both parents? Yes, both parents are legally required to follow the CAO. Non-compliance can lead to legal consequences or enforcement actions.

A Child Arrangement Order (CAO) provides a clear legal framework for organising a child’s life after separation or divorce. It sets out residence, contact arrangements, and parental responsibilities, ensuring the child’s stability and well-being. In cases of non-compliance or changes in circumstances, it is essential to follow proper procedures, document incidents, and, if necessary, seek advice from a family law solicitor. Complying with and, when needed, modifying the CAO helps protect the child’s interests and maintain harmonious family relationships.

Need help with your Child Arrangement Order?

Qredible’s network of experienced family law solicitors can help you apply for a child arrangement order, understand child arrangement order solicitor costs, and represent you in family court.

KEY TAKEWAYS

• Child Arrangement Orders are legally binding court orders that replaced Residence Orders in 2014, setting out where children live, contact arrangements, and child arrangement order parental responsibility after separation.
• Apply using the child arrangement order form (C100) through family court. Costs average £232 court fee plus £2,500+ solicitor fees, but check can I get legal aid for a child arrangement order for eligible cases.
• Breach of child arrangement order can result in sanctions unless there’s a reasonable excuse to breach child arrangement order. Understand how to report a breach of child arrangement order and how to change a child arrangement order if circumstances change