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Guides · Legal basics · England & Wales
Child arrangements orders, explained calmly
What a child arrangements order actually is, who can apply, what it costs, how long it takes — and the thing nobody tells you at the start: most separated parents never need one.
Start here
Most families never need one.
Here's the thing nobody tells you at the start: most separated parents never go to court. You can agree between yourselves where your child lives, how time is shared and how handovers work — and simply write it down.
That written agreement is usually called a parenting plan, and for most families it does everything an order does, without a single form. We have a free UK parenting plan template, and ParentGlow keeps the living version — the schedule, the swaps, the record of what was agreed — in one calm place.
A child arrangements order is for when agreement isn't possible. It's a legally binding decision by the family court that sets out the arrangements you must both follow.
What it covers
What a child arrangements order actually covers.
It's one of the orders a court can make under the Children Act 1989, and it can decide two things:
Who the child lives with
This can be one home, or shared between both homes.
When the child spends time with each parent
Including phone and video contact.
Two cousins of it are worth knowing by name, because they come up in the same conversations: a specific issue order answers one disputed question (say, which school your child goes to), and a prohibited steps order stops a particular thing happening (say, moving the child abroad) without the court's agreement.
The honest answer
The parenting plan vs order question, answered honestly.
An order is enforceable; a parenting plan is flexible. That sounds like the order always wins — it doesn't.
Courts in England and Wales work on the "no order" principle: a judge only makes an order where doing so is genuinely better for the child than making none. If you and your co-parent can agree, the flexible written plan is usually the calmer, cheaper, faster answer — and if things later become difficult, a clear record of what was agreed and what actually happened puts you in a strong position either way. That quiet record is exactly what ParentGlow's court-ready records are for — there if you need them, invisible if you don't.
Who can apply
Who can apply for one.
Anyone with parental responsibility can apply — mothers automatically, and fathers in most cases (being on the birth certificate from December 2003 onwards does it).
Other relatives, like grandparents, can also apply, though some need the court's permission first. GOV.UK's parental responsibility guide explains who has it.
Checked September 2026
What it costs and how long it takes.
Court fee: £270 to apply
GOV.UK, checked 1 September 2026 — fees change most years, so check the current figure. If you're on benefits or a low income you may get help paying court fees.
Time: around 10 months
That's the average to get a final order, depending on the court and your situation (GOV.UK, checked 1 September 2026). It's most of a school year — one honest reason so many families work hard to agree without it.
A solicitor is optional
Many parents represent themselves; the charity Advicenow publishes a respected step-by-step guide to applying without a lawyer. Legal aid may be available in some cases — for example with evidence of domestic abuse.
The step before court
Before applying: a MIAM.
Before applying, you'll usually need to attend a MIAM (Mediation Information and Assessment Meeting) — a short intro meeting, around £120 with most mediators, where you find out whether mediation could work for you.
You attend separately from your ex-partner, in person or by video. There are exemptions — including where there's been domestic abuse, or where the application is urgent. Our online mediation & MIAM guide walks through it, and the government's £500 mediation voucher still applies (GOV.UK, checked 1 September 2026). The how-to-apply detail lives in our sister guide to the C100 form and the MIAM before it.
After you apply
What happens after you apply (the one-paragraph version).
The court lists a first hearing — you'll hear it called an FHDRA (First Hearing Dispute Resolution Appointment). Before it, Cafcass — the court's independent children's service — runs safeguarding checks and writes to the court. Many cases settle at or soon after that first hearing; the ones that don't move to further hearings, sometimes with a fuller Cafcass report. Every case is its own case: the court's job is your child's welfare, not either parent's "win".
Quick answers
Child arrangements order questions.
Is a child arrangements order the same as custody?
"Custody" hasn't been the legal term in England and Wales since 2014 — courts make child arrangements orders about where a child lives and when they spend time with each parent.
Do we need an order if we agree?
Usually no — courts only make orders where an order is better for the child than none. A written parenting plan covers most families who agree.
How long does a child arrangements order last?
Typically until the child is 16, unless the order says otherwise.
Can a child arrangements order be changed?
Yes — by agreement (ideally recorded in writing), or by applying back to the court to vary it.
Sources checked 1 September 2026: GOV.UK — apply for a court order · GOV.UK — parental responsibility · GOV.UK — help with court fees · Advicenow — applying without a lawyer · Find a court or tribunal. Fees and timings change; confirm the current position on GOV.UK before relying on a figure.
More legal basics: The C100 form & MIAM → · Cafcass, explained → · What records should I keep? → · All guides →
Bring thecalmhome.
Whether you're agreeing a plan or heading to court, the thing that helps most is the same: a calm, accurate record of what was agreed and what actually happened. That's what ParentGlow quietly keeps.
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