Do I have to attend a MIAM before going to court?

Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies, such as domestic abuse or urgency. The mediator assesses suitability and signs the C100 form confirming attendance. Mediation fees are free if you are eligible for legal aid mediation.

How long does the court process usually take?

The typical timeline is six to twelve months, though it can be longer if fact-finding is required. The First Hearing Dispute Resolution Appointment (FHDRA) usually takes place four to six weeks after the application is issued. The court then sets directions for further hearings or final decisions.

What form do I need to file to start court proceedings?

Yes, you must file Form C100 to start court proceedings. This form specifies the orders you are seeking, such as where the child lives, time spent with parents, or specific issue and prohibited steps orders. The court fee for filing the C100 is £255.

What happens if there are allegations of domestic abuse?

If one party alleges domestic abuse and the other denies it, the court may hold a Fact-Finding Hearing. This hearing determines the facts on the balance of probabilities. Practice Direction 12J governs this process, and it is a distinct stage before the final welfare hearing.

What orders can the court make at the final hearing?

The court applies the welfare checklist under Section 1(3) of the Children Act 1989 to decide what best serves the child's welfare. Possible outcomes include a Child Arrangements Order, Specific Issue Order, Prohibited Steps Order, or no order if parents can agree without court intervention.

All Legal Journeys

Family Law

England & Wales

6 stages

6–12 months (often longer if fact-finding required)

Reviewed 2026-05-21

Child Arrangements Order Journey

From separation through MIAM, mediation, C100 application, FHDRA, fact-finding (if needed), final hearing, and order.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Who Uses This Journey

Separated parents (or others with parental responsibility, special guardianship, or sufficient connection) seeking court orders about where a child lives and who they spend time with.

Stage-by-Stage Timeline

MIAM (Mediation Information and Assessment Meeting)

Mandatory before applying to court unless an exemption applies (domestic abuse, urgency, etc.). The mediator assesses whether mediation is suitable and signs the C100 confirming attendance.

Fee: Mediator's fee (free if eligible for legal aid mediation)

Try mediation or NCDR

Non-court dispute resolution — mediation, collaborative law, arbitration (IFLA scheme), private FDR. Many cases resolve without court.

Apply on C100

If court proceedings necessary, file Form C100 specifying the orders sought (Lives With / Spends Time With / Specific Issue / Prohibited Steps).

Fee: £255

Forms at This Stage

C100

FHDRA (First Hearing Dispute Resolution Appointment)

First substantive hearing usually 4–6 weeks after issue. Court explores whether case can be resolved by agreement; if not, sets directions including possible Section 7 (welfare) or 37 (s.37 investigation) report by Cafcass.

Possible Outcomes

Agreed Child Arrangements Order
Directions for further hearings
Cafcass involvement

Fact-finding (if alleged domestic abuse)

Where one party alleges domestic abuse and the other denies it, the court may hold a Fact-Finding Hearing to determine findings on the balance of probabilities. Practice Direction 12J governs.

Welfare hearing / final hearing

Court applies the welfare checklist (s.1(3) Children Act 1989) and decides on the arrangements that best serve the child's welfare.

Evidence Needed

Position statements
Cafcass report
Witness evidence on welfare matters

Possible Outcomes

Child Arrangements Order
Specific Issue Order
Prohibited Steps Order
No Order (where the child's welfare is best served by parents agreeing without court intervention)

Official Sources

Form C100 Cafcass Section 1 Children Act 1989

Frequently asked questions

Do I have to attend a MIAM before going to court?: Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies, such as domestic abuse or urgency. The mediator assesses suitability and signs the C100 form confirming attendance. Mediation fees are free if you are eligible for legal aid mediation.
How long does the court process usually take?: The typical timeline is six to twelve months, though it can be longer if fact-finding is required. The First Hearing Dispute Resolution Appointment (FHDRA) usually takes place four to six weeks after the application is issued. The court then sets directions for further hearings or final decisions.
What form do I need to file to start court proceedings?: Yes, you must file Form C100 to start court proceedings. This form specifies the orders you are seeking, such as where the child lives, time spent with parents, or specific issue and prohibited steps orders. The court fee for filing the C100 is £255.
What happens if there are allegations of domestic abuse?: If one party alleges domestic abuse and the other denies it, the court may hold a Fact-Finding Hearing. This hearing determines the facts on the balance of probabilities. Practice Direction 12J governs this process, and it is a distinct stage before the final welfare hearing.
What orders can the court make at the final hearing?: The court applies the welfare checklist under Section 1(3) of the Children Act 1989 to decide what best serves the child's welfare. Possible outcomes include a Child Arrangements Order, Specific Issue Order, Prohibited Steps Order, or no order if parents can agree without court intervention.