Child Arrangement Order Solicitors

A child arrangement order is a court order that sets out where your child lives and when they spend time with each parent. If you and your former partner cannot agree on arrangements for your children, we can help you reach a solution — without court if possible, and through it if necessary.

Our specialist family solicitors have extensive experience resolving child arrangement disputes, from straightforward agreements to complex cases involving international relocation, allegations of harm, and high-conflict separations. We are accredited members of Resolution and the Law Society’s Children Act panel.

What is a child arrangement order?

A child arrangement order replaces what were previously known as Contact Orders and Residence Orders. It is a legally binding court order that can set out:

• Who the child will live with primarily
• When the child will spend time with each parent — after school, at weekends, and during school holidays
• Whether any conditions apply to visits, such as supervision or specific times
• When the child spends time with other family members, such as grandparents or siblings
• What type of contact can take place outside visits, such as phone calls and video calls
• Arrangements if one parent lives overseas

Parents who already hold a Contact Order or Residence Order do not need to reapply — those orders remain valid.

Who can apply for a child arrangement order?

Most commonly, the child’s biological parents apply when they divorce or separate. However, other people can also apply, including:

• Step-parents
• Grandparents who have played a significant role in the child’s life
• Anyone the child has lived with for at least three years
• Any party to the marriage

If you are unsure whether you are entitled to apply, our solicitors can advise you on your position.

What is the process for applying for a child arrangement order?

The first step is always to try to reach agreement with the other parent. If you cannot, you are required to attend a Mediation Information and Assessment Meeting (MIAM) before you can apply to the court. At the MIAM, you will meet a mediator to explore whether family mediation could resolve the dispute without the need for court proceedings.

Mediation is generally quicker and significantly cheaper than going to court — and in our experience, it preserves a more workable relationship between parents, which matters for the long term.

If mediation is unsuitable or unsuccessful, you can apply to the family court. The application involves completing the relevant paperwork, including an application form and statement of facts, and paying the court fee of £232. You should instruct a solicitor at this stage if you have not already done so.

Will there be a court hearing?

Yes. Once an application is issued, there will be a series of hearings. All parties must attend. The number and nature of hearings depends on whether the case is contested and how complex the issues are. In straightforward cases, the court may be able to resolve matters at an early stage. In more complex or contested cases — particularly where there are allegations of harm or entrenched conflict — the process can take considerably longer.

A typical application takes between three and six months to resolve through court. Urgent applications — for example, where arrangements for school holidays are in dispute — can be heard more quickly, but waiting times of eight weeks or more are common even for urgent matters.

What will the court consider?

Every child arrangement order is decided on the facts of the individual case. There is no standard template. The overriding principle is the welfare of the child — this is the court’s paramount consideration, and everything else flows from it.

In practice, the court will consider:

• The wishes and feelings of the child, depending on their age and understanding
• The child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances on the child
• The ability of each parent to meet the child’s needs
• Any risk that a parent’s behaviour poses to the safety or welfare of the child

The court has wide discretion in making its decision, and no two cases produce the same outcome.

How long does a child arrangement order last?

A child arrangement order lasts until the child reaches the age of 16. If both parents later agree to vary the arrangements, a solicitor can help formalise the change. If only one parent wishes to vary the order and the other does not agree, they will need to apply to the court for permission to change it.

What happens if a child arrangement order is breached?

If one parent fails to comply with the order, the other can apply to the court to enforce it. The court will list a preliminary hearing to determine the reason for the breach and decide what action to take. This may include:

• Referring the parents back to mediation
• Imposing a fine on the non-compliant parent
• In the most serious cases, committal to prison for contempt of court

A parent can avoid an enforcement order if they can show they had a reasonable excuse for not complying — for example, the child was unwell or transport problems made compliance impossible.

Our advice to anyone dealing with a breach of a child arrangement order:

• Act promptly — child contact disputes take time to resolve and delays rarely help
• Attempt to agree a solution with the other parent first, but be alert if their proposals fall well short of your reasonable time with the child, or if they are slow to respond
• Ask your solicitor to write formally to the other parent if direct agreement fails
• Consider virtual mediation — it can take the heat out of the situation compared to face-to-face meetings
• If none of the above works, apply to the family court; where summer holidays are the issue, your solicitor can seek an urgent hearing

What if one parent wants to move abroad?

If one parent wishes to relocate abroad with the child, they must obtain either the written consent of the other parent or permission from the court. This is a significant step — courts take relocation applications seriously and will not grant permission unless satisfied it is in the child’s best interests.

In cases involving an international divorce, the UK court can issue a child arrangement order even where the parents live in different countries. The enforceability of that order overseas will depend on the UK’s international agreements with the country concerned.

We have specialist experience in international child arrangements and relocation cases. You can read more on our international family law page.

Arrangements for children: financial and housing considerations

Child arrangement orders deal with where a child lives and their contact with each parent. But separating parents also need to consider the financial and housing implications for their children.

The housing needs of children are usually dealt with as part of the financial settlement on divorce. If the family home needs to be sold, it may be possible to postpone the sale until the children reach adulthood. If you are unmarried and concerned about housing provision for your children, we can advise you on an application under the Children Act for a housing fund.

On maintenance, the parent the children live with primarily will generally receive monthly child maintenance payments from the other parent. If you cannot agree on an amount, the Child Maintenance Service (CMS) can calculate and, if necessary, collect payments — but only where both parents are based in the UK. For paying parents, income over £3,000 gross per week is excluded from CMS assessments; however, the other parent can apply to court for a top-up or lump sum, and the court is not limited in the income or assets it can consider, including trust funds.

For more on the wider financial picture after separation, see our guide to divorce and children.

How we can help

Osbornes Law has a specialist children law team with experience across the full range of child arrangement disputes — from helping parents agree arrangements by consent, through mediation, to representing clients in contested court proceedings including complex and high-conflict cases.

All of our family solicitors are accredited members of Resolution, committed to resolving disputes constructively and keeping the focus on the children. Several are also accredited members of the Law Society’s Children Act panel, enabling them to represent clients in the most serious court proceedings.

We will take a full history of your circumstances, explain your options, give you a realistic assessment of likely timescales and costs, and negotiate firmly on your behalf. Our goal is the best outcome for your children — and for you.

Find out more about our related children law services:

• Child Maintenance
• Child Protection
• Child Abduction
• Child Relocation
• Family Mediation
• Co-Parenting

Contact us by calling 020 7485 8811 or filling in our online enquiry form.

Frequently asked questions

What is a child arrangement order?

A child arrangement order is a legally binding court order that sets out where a child lives and when they spend time with each parent. It can also cover contact with other family members such as grandparents, and conditions attached to visits. Child arrangement orders replaced Contact Orders and Residence Orders — existing holders of those orders do not need to reapply.

How do I apply for a child arrangement order?

Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation can resolve the dispute. If mediation is unsuitable or fails, you can apply to the family court by completing the relevant forms and paying the £232 court fee. We strongly recommend instructing a solicitor before issuing proceedings.

Who can apply for a child arrangement order?

Biological parents are the most common applicants, but any party to the marriage, step-parents, grandparents, and anyone the child has lived with for at least three years can also apply. If you are unsure whether you qualify to apply, a family solicitor can advise you.

How long does a child arrangement order last?

A child arrangement order lasts until the child turns 16. The arrangements can be varied by agreement at any time, or by court application if one parent wants to change the order and the other does not agree.

What happens if a child arrangement order is breached?

You can apply to the court to enforce the order. The court will list a preliminary hearing to establish why the order was not followed and what should happen next. Consequences can range from referral to mediation through to fines or, in serious cases, imprisonment for contempt of court. A parent can avoid enforcement action if they can show they had a reasonable excuse for the breach.

Can a child arrangement order be changed?

Yes. If both parents agree to a change, a solicitor can help formalise the new arrangements. If one parent wants to vary the order but the other does not, they must apply to the court for permission to change it. The court will again apply the welfare of the child as its paramount consideration.

Do I need a solicitor for a child arrangement order?

You are not legally required to instruct a solicitor, but specialist advice significantly improves your position — particularly in contested cases, where there are allegations of harm, or where one parent wishes to relocate abroad. A solicitor can help you prepare for mediation, negotiate effectively, and represent you in court if needed. Our family solicitors offer a free initial assessment of your case.