Child Arrangement Orders UK 2026: Costs, Process, and What Courts Consider

If you and your co-parent can’t agree on where the children live or how much time they spend with each parent, a Child Arrangement Order is the legal mechanism that decides it. Here’s how it works in 2026.

What Is a Child Arrangement Order?

A Child Arrangement Order (CAO) replaced the old Residence and Contact Orders in 2014. It specifies who the child lives with, who they spend time with, and when. It’s legally binding. Breaching it can result in enforcement action, fines, or in serious cases, imprisonment.

The Process

1. Mediation first. Since April 2014, you must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court, unless an exemption applies (domestic abuse, child protection, urgency). You may be eligible for the free £500 mediation voucher via gov.uk.
2. Application. If mediation fails, you apply to the family court using Form C100. The application fee is £263 (as of April 2026). Fee remission is available if you’re on benefits or a low income.
3. CAFCASS. The Children and Family Court Advisory and Support Service contacts both parents and conducts safeguarding checks. A CAFCASS officer may speak to the children.
4. First hearing. Usually within 6-8 weeks of application. The judge will try to reach agreement. If not, directions are given for further evidence.
5. Fact-finding hearing (if needed). Only if there are disputed allegations of domestic abuse or harm.
6. Final hearing. The judge makes the order based on the welfare checklist.

What the Court Considers

The welfare of the child is paramount. The court uses the welfare checklist (Section 1(3) Children Act 1989):

• The child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child’s age, sex, background, and any relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent is of meeting the child’s needs
• The range of powers available to the court

The Presumption Repeal

The presumption of parental involvement (Section 1(2A) Children Act 1989) — which assumed that both parents should be involved in a child’s life unless evidence showed otherwise — is being repealed through the Courts and Tribunals Bill (announced by the Ministry of Justice on 22 October 2025), which as of 2026 remains a Bill and is not yet in force. This is significant for cases involving domestic abuse, as courts will no longer start from a default position that contact with both parents is beneficial.

Costs

Court fee: £263. Solicitor representation varies from £5,000-£20,000+ for contested cases. Many parents represent themselves (litigants in person). Citizens Advice offers free guidance on self-representation.

For handover templates and communication strategies while proceedings are ongoing, see our Co-Parenting Handover Forms and Co-Parenting Survival Bundle.

Frequently Asked Questions

What if my co-parent refuses to communicate at all?

If direct communication has completely broken down, you have several options. A parenting app like OurFamilyWizard or TalkingParents creates a documented record of all messages and can be submitted to court. Family mediation through an accredited service (you may be eligible for a free £500 voucher via gov.uk) provides a structured space with a neutral third party. If safety is a concern, a solicitor can communicate on your behalf. The key is to keep the focus on the children’s needs and maintain a factual, business-like approach regardless of the other parent’s behaviour.

How do I explain the situation to my children?

Children need age-appropriate honesty without detail. “Mummy and Daddy work better living in different houses, but we both love you exactly the same” is enough for young children. Avoid blaming the other parent in front of the children, even when you feel justified. Children internalise conflict between their parents as something wrong with themselves. If your child asks difficult questions, validate their feelings first: “It’s okay to feel sad about this. Would you like to talk about it, or would you like a cuddle?”

Should I keep a record of what happens?

Yes. Keep a factual, dated log of any incidents, missed handovers, late collections, hostile messages, or concerns about the children’s welfare. Stick to facts only — no emotional commentary. “15 March: 45 minutes late for collection. No advance notice given.” This log is valuable evidence if you ever need to go to court or involve social services. Store it securely and keep a backup.

Looking After Yourself Through This

Co-parenting with a difficult ex takes a genuine toll on your mental health. The hypervigilance, the walking on eggshells, the constant bracing for conflict — it’s exhausting in a way that people who haven’t experienced it don’t fully understand. Make sure you have at least one person you can talk to honestly about what you’re going through, whether that’s a friend, family member, or therapist.

If you’re finding it hard to manage the emotional weight of co-parenting, our Boundary Toolkit includes specific scripts for separated parents. For ready-to-use message templates that take the stress out of every interaction, see our free Co-Parenting Communication Templates.

Remember: you cannot control how your co-parent behaves. You can only control how you respond. And choosing not to engage with provocation is not weakness — it’s strategy.