The Family Court Process for Child Arrangements

Before litigating, try to agree arrangements directly, through a parenting plan, or through family mediation. If you and your ex-partner can reach agreement, you generally do not need a court order at all, and any agreement reached during proceedings can be turned into a consent order. A family mediation voucher worth up to £500 is usually available to pay for mediation, regardless of what you earn, and typically covers a minimum of 2 sessions.

In most cases you must attend a MIAM before applying to court. At this meeting the mediator will give you advice about the mediation process, discuss your situation and help you decide if mediation is right for you. The usual cost is around £120, and you and your ex-partner attend separately. You will not usually need a MIAM if an exemption applies — most importantly if you have evidence that you are a victim of domestic abuse.

If mediation fails or is unsuitable, apply for a child arrangements, prohibited steps or specific issue order using form C100. It costs £270 to apply for a court order (the fee row in the family court fees list covers any new Children Act 1989 application, including special guardianship orders). You can apply online or by post — by post you file the original C100 plus 3 copies at your nearest family court that deals with children's cases. If you allege harm or domestic abuse, you also complete form C1A.

Under Practice Direction 12B (the Child Arrangements Programme), a gatekeeping judge or legal adviser considers your application within one working day of receipt and allocates it to the right level of judge. The court also sends the application and supporting documents to Cafcass (or CAFCASS Cymru in Wales) by working day 3 so that safeguarding work can start, and lists the first hearing.

Before the first hearing, Cafcass carries out safeguarding checks with the police and the local authority to find out whether there are any concerns about the welfare or safety of your child, and in most cases arranges a telephone interview with each parent or carer. Cafcass does not speak with or meet children at this stage. At least three days before the first court hearing (and within 17 working days of Cafcass receiving the application), Cafcass provides the court with a short report on the outcome of these checks — the safeguarding letter.

The First Hearing Dispute Resolution Appointment should ordinarily take place in week 5 following the issuing of the application (it may be in week 4 where service is abridged, and at the latest week 6). A Cafcass Family Court Adviser attends, and the judge, working with the Cafcass officer, will seek to assist the parties in conciliation and in resolving the issues. If there are no safeguarding concerns and you reach agreement, the court can end proceedings with a consent order. If not, the court decides next steps: a Planning Together for Children course, mediation referral, a finding of fact hearing on disputed allegations (such as domestic abuse), or a section 7 report.

If welfare issues need deeper assessment, the court orders a report under section 7 of the Children Act 1989 from Cafcass or the local authority. The judge must state the specific factual or other issue to be addressed in the focused report. The report writer will speak to the child where old enough, take their wishes and feelings into account and make a recommendation. After the report, the court lists a Dispute Resolution Appointment (DRA) to identify the remaining issues — many cases settle at or before the DRA.

If the case cannot be resolved, a final hearing is listed. Each party files statements, the judge hears evidence and decides what arrangements are in the child's best interests, applying the welfare checklist. Gov.uk states it usually takes around 10 months to get a court order, depending on where you live and your situation. The order is binding on both parents.

If the other parent breaches a child arrangements order, you can apply back to the court (form C79). An application for an enforcement order under the Children Act 1989, or for compensation for financial loss due to the breakdown of a child arrangements order, costs £270; an application to revoke, amend, extend or take action following breach of an existing enforcement order costs £119. The court can order unpaid work, compensation or vary the arrangements.