Children arrangements

How it works

Six stages, in order. Most cases settle before the final hearing; the steps below are the path the court will walk you down if they do not.

1

Attend a MIAM

Before you can apply, you usually need to attend a MIAM - Mediation Information and Assessment Meeting. A one-hour session you usually must attend before applying to court about children or finances. It explains mediation and checks if it’s suitable for your situation.: a short meeting with a mediator who explains the options outside court. The court will not accept your application without a signed MIAM form. Exemptions exist for domestic abuse, urgency, or child-protection involvement.

A £500 government voucher covers child-related mediation. Worth exploring before committing to court. Over half of families said the voucher was the only reason they tried.

MIAM session

With: Accredited mediator

About 45 minutes

£500 voucher available for child cases

Exempt if: domestic abuse, urgency, child protection

2

File your C100 application

The main form is the C100, available on GOV.UK. You set out the orders you are asking for, the children involved, and the other parties. If there are allegations of harm, attach a C1A alongside it. The court fee is £263; help with fees is available on form EX160.

Form C100

Applicant

Jane M Doe

Order requested

Lives with / spends time with

✓MIAM form attached

Court fee: £263

3

Cafcass safeguarding checks

Cafcass - Children and Family Court Advisory and Support Service. An independent organisation that advises the family court on what’s best for children. A Cafcass officer may speak to you, the other parent, and your children. contacts both parents by phone and runs police and local authority checks. They send a short safeguarding letter to the court before the first hearing. This is not the full report; it is an early sweep for any safety concerns.

Cafcass safeguarding

Phone call · approx 25 mins

• ✓Police checks
• ✓Local authority checks
• ✓Safeguarding letter to court

4

First hearing (FHDRA)

Your first court date is the FHDRA - First Hearing Dispute Resolution Appointment. The first court hearing in a children case. A judge will try to help you reach agreement and give directions for next steps if you can’t., around 12–16 weeks after filing. The judge tries to narrow the issues and see if agreement is possible. If you can agree on the day, the judge can make a consent order - A legal document that turns an agreement between you and the other party into a court order. Once approved by a judge, it’s legally binding and enforceable. on the spot.

First hearing (FHDRA)

About 12–16 weeks after filing

Usually 30–60 minutes

· Judge or magistrates

· Cafcass officer

· Both parents

Goal: narrow the issues, see if agreement is possible

5

Further hearings, if needed

If agreement is not possible, the court sets directions: a more detailed Section 7 report - A detailed welfare report written by Cafcass after the first hearing if the court needs more information before making a decision about a child. from Cafcass, a fact-finding hearing if there are abuse allegations, a Separated Parents Information Programme referral, and eventually a final hearing.

Possible next steps

• Section 7 report
• Fact-finding hearing
• SPIP referral
• Final hearing

6

Final order

The court makes a binding decision: a lives with order setting out where the child lives, and a spends time with order setting out time with the other parent. The court may also make a prohibited steps or specific issue order to settle particular questions.

Final order

The Family Court

Child Arrangements Order

Lives with

Mother

Spends time with

Father, alternate weekends + half holidays

Types of orders the court can make

The court has several options depending on what the child's welfare requires. These are all made under the same application.

If there are safety concerns

If you or your children have experienced domestic abuse - Any incident or pattern of controlling, coercive, threatening, or violent behaviour between people who are or have been in a relationship. Includes physical, emotional, psychological, sexual, and financial abuse., you should complete a C1A - A supplementary form filed alongside a C100 when there are allegations of harm or domestic abuse. It asks about any risks to the child. form alongside your C100 - The application form you use to ask the court to make a decision about your children, such as where they live or how much time they spend with each parent. application. This is a supplementary form that sets out allegations of harm: physical, emotional, sexual, or financial abuse, coercive control - A pattern of behaviour that seeks to take away a person’s liberty or freedom, including intimidation, isolation, monitoring, or controlling their daily life. It is a criminal offence., or any other behaviour that has affected the children's welfare.

The court takes safeguarding - Checks carried out to make sure children are safe. In family court, Cafcass does initial safeguarding checks by contacting police and social services before the first hearing. seriously. If allegations are made, the judge may order a fact-finding hearing - A hearing where the court decides whether alleged events (usually domestic abuse) actually happened. The judge hears evidence and makes findings that affect the rest of the case. before making any decisions about where the children live or spend time. At a fact-finding hearing, the court examines the evidence and determines what happened. This then informs all future decisions about the children.

If you need immediate protection, see our guide on domestic abuse and the court. You may be able to apply for a non-molestation order - A court order that protects you from someone who is being violent, threatening, or harassing you. Breaching it is a criminal offence. or an occupation order - A court order that decides who can live in the family home. It can require someone to leave or allow someone to return., and legal aid is available for these applications without a means test.