Child Arrangements Order Explained (England & Wales)

A child arrangements order is the Children Act 1989 court order that decides who a child lives with, spends time with, and otherwise has contact with in England and Wales. The child's welfare, not either parent's wishes, is the court's paramount consideration.

What Is a Child Arrangements Order?

A child arrangements order is a court order made under section 8 of the Children Act 1989. It settles who a child is to live with, and who a child is to spend time with or otherwise have contact with, including phone or video calls. It replaced the older 'residence order' (who a child lives with) and 'contact order' (time spent with the other parent), merged into a single order type so arrangements could be set out together rather than as separate, sometimes conflicting, documents. Anyone with parental responsibility can apply, and others, including grandparents, can apply with the court's permission. The order can name more than one person and can cover shared living arrangements, not just a single main home.

The Welfare Checklist: What the Court Considers

Under section 1 of the Children Act 1989, the child's welfare is the court's paramount consideration, meaning it comes before either parent's own wishes. When deciding whether to make, vary or discharge a child arrangements order, the court must work through the statutory welfare checklist:

• the ascertainable wishes and feelings of the child, considered in light of their age and understanding
• the child's physical, emotional and educational needs
• the likely effect on the child of any change in their circumstances
• the child's age, sex, background and any characteristics the court considers relevant
• any harm the child has suffered or is at risk of suffering
• how capable each parent, and any other relevant person, is of meeting the child's needs
• the range of orders available to the court in the proceedings

The court also starts from a presumption that involvement of both parents in a child's life will further the child's welfare, unless there is evidence this would put the child at risk.

Mediation First: The MIAM Requirement

Before applying to court for a child arrangements order, using form C100, a parent is usually expected to attend a Mediation Information and Assessment Meeting, known as a MIAM. At a MIAM, a trained mediator explains how mediation works and helps assess whether it is suitable for the family's situation, with the aim of reaching an agreement without going to court, which is often quicker and less adversarial. A MIAM, and mediation itself, is not compulsory in every case. Common exemptions include evidence of domestic abuse or child protection concerns, a genuine emergency, or where the applicant has already attended a MIAM or tried other ways to agree within the last four months. If mediation does not resolve matters, or an exemption applies, the parent can proceed with the court application.

What a Child Arrangements Order Can Include

A child arrangements order can attach conditions, for example about where a child should live, who else may be present during contact, or how handovers should happen. Alongside it, the court can also make two related orders under the same part of the Children Act 1989: a prohibited steps order, stopping a parent from taking a specific action, such as removing the child from the country or changing their school, without the court's permission; and a specific issue order, resolving a particular disagreement, such as which school a child should attend or a specific medical decision. These are often used together where parents cannot agree on one practical question rather than the overall living and contact arrangements.

How Long Does a Child Arrangements Order Last?

A child arrangements order that says who a child lives with usually lasts until the child turns 18, unless the order says otherwise or the court ends it sooner. An order about who a child spends time with, or has contact with, usually ends when the child turns 16, and can only continue to 18 if the court decides there are exceptional circumstances. Either parent, or another person named in the order, can apply to the court to vary or discharge it if circumstances change significantly, for example a change in the child's needs, a parent's relocation, or safety concerns. Courts generally discourage repeated applications over minor disagreements once an order is in place, since ongoing litigation can itself be harmful to a child's welfare.

Scotland: Residence and Contact Orders, Not Child Arrangements Orders

England and Wales are not the whole of the UK's approach. Scotland has not adopted the child arrangements order model at all. Under section 11 of the Children (Scotland) Act 1995, a Scottish court instead makes a residence order, deciding where a child lives, and a contact order, covering time spent with a parent or other person, as separate order types, alongside wider section 11 orders on parental responsibilities and rights. The guiding principles are similar in substance: the child's welfare is paramount, the court should make no order unless doing so is better for the child than making none, and the child's own views must be taken into account in light of their age and maturity. A parent, grandparent or other family member in Scotland asking about contact or where a child lives needs to look to the 1995 Act, not the Children Act 1989.

For who has parental responsibility in the first place, see parental responsibility. Financial support for a child is separate from a child arrangements order; see child maintenance. Grandparents and other family members considering an application should read grandparents' rights to see grandchildren. For the wider picture across all UK nations, see our UK family law hub, part of our guide to United Kingdom law.

This article explains how child arrangements orders generally work in England and Wales; it is not legal advice and does not cover every family's circumstances. Only a court can make a binding order, and the rules differ in Scotland and Northern Ireland. If you are trying to agree arrangements or considering an application, free guidance and support is available from Citizens Advice, Cafcass and Gingerbread, and family mediation services can often help before going to court.