How to Apply for a Child Arrangements Order
A guide to applying for a child arrangements order — the MIAM requirement, the C100 form, the FHDRA hearing, what Cafcass does, and what the court considers when deciding where children should live.
How to Apply for a Child Arrangements Order
When separating parents cannot agree on where their children should live or how much time they should spend with each parent, a child arrangements order from the family court provides a legally binding answer.
Before You Apply: Mediation
In most cases, before you can apply to court you are required to attend a Mediation Information and Assessment Meeting (MIAM).
How to Apply: The C100 Form
The application is made using form C100, available on gov.uk. The court fee is currently £232. Once the application is filed, the court will serve it on the other party and list a first hearing, usually within four to six weeks.
What Happens at Court
The first hearing is called a First Hearing Dispute Resolution Appointment (FHDRA). A Cafcass officer will speak to both parents briefly before the hearing and produce a safeguarding letter for the judge.
What the Court Considers
The court's decision is guided by the welfare checklist in the Children Act 1989. The child's welfare is the paramount consideration. There is no automatic presumption that children should spend equal time with each parent.
This article provides general legal information only. It is not formal legal advice and does not create a solicitor-client or barrister-client relationship. If you need advice specific to your circumstances, please consult a qualified legal professional.
Need Professional Legal Help?
This guide is for general information only. For advice tailored to your situation, instruct a Direct Access barrister.