Child Arrangements Order UK 2026 | Cost, Form & Process

A child arrangements order is a family court order under section 8 of the Children Act 1989 that decides who your child lives with, who they spend time with, and when. It replaced the old "custody", "residence" and "contact" orders in 2014 — so if you're searching for "custody", a child arrangements order is what the court actually makes in England and Wales today.

What Does a Child Arrangements Order Cover?

A child arrangements order can set out:

• Who the child lives with ("lives with" order — the old residence/custody)
• Who the child spends time with, and when ("spends time with" — the old contact/access)
• Other contact — phone calls, video calls, letters
• Shared arrangements — the order can name both parents as people the child lives with, splitting time between homes

It does not decide child maintenance — that's handled separately by the Child Maintenance Service — and specific one-off disputes (like school choice) use a specific issue order instead.

Do You Actually Need a Court Order?

Most separated parents don't need a child arrangements order. If you can agree arrangements between yourselves — directly, or with help from family mediation — you can record them in a parenting plan at no cost. Courts follow a "no order" principle: they only make an order where doing so is better for the child than making none.

You typically need a court order when:

• You cannot reach agreement even with mediation
• Agreed arrangements keep being broken
• There are welfare or safety concerns
• You need the certainty of a legally enforceable order

How to Apply for a Child Arrangements Order

Read what happens after the C100 is submitted for the full court timeline.

Child Arrangements Order Costs

| Item | Cost | |------|------| | C100 court fee | £270 (since 13 July 2026) | | With Help with Fees | Reduced or £0 | | MIAM before applying | Typically £120-£150 (free with legal aid) | | Solicitor (optional) | £1,500-£5,000+ uncontested; £10,000-£30,000+ contested | | Mediation alternative | £500-£2,000 total, minus £500 voucher |

See the full family court fees guide for every fee, and child custody mediation for how mediation handles the same issues.

Who Can Apply?

Without permission: parents (including unmarried fathers with parental responsibility), step-parents with PR, guardians, anyone the child has lived with for 3+ years.

With the court's permission first: grandparents and other relatives usually need to apply for permission ("leave") as part of the same C100 — courts grant it in most genuine cases.

How Long Does It Last — and What If It's Broken?

• "Spends time with" provisions usually last until the child turns 16
• "Lives with" provisions can last until 18
• If there's a "lives with" order in your favour, you can take the child abroad for up to 1 month without the other parent's consent (section 13(2), Children Act 1989)

If the other parent breaches the order, you can apply to enforce it (form C79). Courts can vary arrangements, order unpaid work (an enforcement order), or in serious cases treat breaches as contempt. Keep a record of missed contact and consider mediation before enforcement — judges expect it.

How much is a child arrangements order?

The court fee is £270 (C100, since 13 July 2026). Fee remission is available through Help with Fees. Legal costs are extra and optional: self-representing parents pay only the fee plus the MIAM, while solicitor-led contested cases commonly cost £10,000+.

How long does a child arrangements order take in 2026?

Around 10 months on average to a final order, per GOV.UK. The first hearing usually happens within about 2 months. Urgent cases can be listed faster; contested cases with fact-finding hearings take longer.

Can a child arrangements order be 50/50?

Yes. Courts can and do make shared "lives with" orders splitting time between both homes where that serves the child's welfare. There is no legal presumption of a 50/50 split — the child's best interests decide.

What's the difference between a child arrangements order and a consent order?

If you both agree the arrangements, the court can approve them as a consent order without a contested process. A contested child arrangements order is what the court imposes when you can't agree.

Do grandparents need permission to apply?

Usually yes — grandparents apply for permission as part of the same C100 application. Courts grant permission in most genuine cases. See our grandparents' rights guide.

Sources & Further Reading

• GOV.UK — Making child arrangements if you divorce or separate
• Children Act 1989, section 8
• GOV.UK — Form C100
• Cafcass — Child arrangements
• GOV.UK — Family court fees (EX50)