Understanding Child Arrangement Orders (Child Custody) in UK Family Law

• Posted onFebruary 17, 2026

What is a Child Arrangements Order?

A Child Arrangements Order is a court order that sets out where a child will live, who they will spend time with, and how contact will take place. It replaces the old terms “child custody”, “access”, residence order and contact order. The court’s overriding priority is always the child’s best interests.

Separating parents often search for clear, practical guidance on how child arrangements work. This article explains who can apply, what the court considers, and what to expect from the process.

What Does a Child Arrangements Order Cover?

A Child Arrangements Order can deal with one or more of the following:

• Living arrangements – where the child will primarily live
• Contact arrangements – how the child sees the other parent
• Types of contact – in person, overnight, indirect (video calls, messages), supervised
• Shared care – where a child lives with both parents

“Shared care” does not necessarily mean a 50/50 split. It simply recognises that a child lives with both parents.

Who Can Apply for a Child Arrangements Order?

The following people can usually apply without needing permission:

• Parents (including unmarried and non‑resident parents)
• Anyone with parental responsibility
• Anyone with who is named in a child arrangements orderParty to a marriage (whether or not the marriage is subsisting) and where the child is a child of the family
• Any civil partner in a civil partnership (whether or not the civil partnership is subsisting) and where the child is a child of the family
• Any person who the child has lived with for a minimum of three years
• Guardians or special guardians

Others (including grandparents) may apply, but they often require the court’s permission first.

How Does the Court Decide What’s Best for the Child?

The court follows the Welfare Checklist, considering but not limited to:

• The child’s wishes and feelings (based on age and understanding)
• Emotional, physical and educational needs
• Any risk of harm
• The capability of each parent to meet the child’s needs
• The likely effect of any changes to their living situation

The starting point is that it benefits a child to have a meaningful relationship with both parents, unless there is a safeguarding concern.

What Is the Process for Getting a Child Arrangements Order?

1. Attend a Mediation Information & Assessment Meeting (MIAM)
   You must usually attempt mediation first unless an exemption applies (e.g. domestic abuse concerns).
2. Submit a C100 application
   The court then lists the first hearing.
3. Safeguarding checks (Cafcass)
   Cafcass will speak to both parents and run background checks with social services and the police.
4. Hearings and evidence
   The court may hold several hearings and gather statements or expert reports.
5. Final Order
   The CAO sets out the legally binding arrangements.

How Long Does a Child Arrangements Order Last?

Most CAOs last until the child turns 16, unless the court says otherwise.

Get Specialist Legal Support for a Child Arrangements Order

If you are struggling to agree child arrangements or need to formalise a stable schedule, legal advice can make the process clearer and less stressful. Speaking with WSP Solicitors’ family law specialists can ensure your child’s best interests remain at the centre of every decision.

To find out more you can visit our Child law pages. You can get in touch with the team using the form on this page or by visiting here. Alternatively, you can call us on 01453847200.