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
- 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.
- 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.
- 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.
- First hearing. Usually within 6-8 weeks of application. The judge will try to reach agreement. If not, directions are given for further evidence.
- Fact-finding hearing (if needed). Only if there are disputed allegations of domestic abuse or harm.
- 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— which assumed that both parents should be involved in a child’s life unless evidence showed otherwise — is being repealed under the Victims and Prisoners Act 2024 / Crime and Policing Bill. 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.
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