Many people facing a dispute about where their children should live or how contact should be arranged find themselves at the beginning of the family court process without knowing exactly how it works. It is possible to make an application for a child arrangements order without a solicitor, but understanding the process clearly from the outset makes a significant difference.
A child arrangements order is a court order that sets out with whom a child lives, when a child spends time with each parent, and the arrangements for other forms of contact. These orders were previously known as residence orders and contact orders. They are made under the Children Act 1989 and the welfare of the child is the court's paramount consideration in deciding what order to make.
If you and your child's other parent cannot agree on arrangements voluntarily, applying to the court for a child arrangements order is the formal route to resolving the dispute.
Before you can file a child arrangements application with the court, you will generally need to attend a Mediation Information and Assessment Meeting. This is a short meeting with a trained mediator who will discuss whether mediation might be suitable for your situation. If mediation is not appropriate, or if an exemption applies, you can proceed directly to a court application.
Exemptions from the MIAM requirement apply in cases involving domestic abuse, child protection concerns, and other specific circumstances. A barrister can advise on whether an exemption applies in your case.
Our family law barristers regularly assist parents with child arrangements applications on a direct access basis.
The application for a child arrangements order is made using Form C100. This is the standard application form for most private children law applications. The form requires you to provide details of the child, the parties, the existing arrangements, and what you are asking the court to order.
The completed form, together with the MIAM certificate or the relevant exemption details, is filed with the family court. The court fee for a C100 application is currently payable at the time of filing, though fee remission may be available if you are on a low income.
Once the application is filed, the court will serve it on the other parent and list the case for an initial hearing, known as the First Hearing Dispute Resolution Appointment. This hearing gives both parties the opportunity to understand each other's position and explore whether an agreement can be reached with the help of a CAFCASS officer and the judge.
If an agreement is reached at the first hearing, it can be recorded as a consent order. If not, the case will continue with further directions and, if necessary, a final hearing at which the judge will make a decision about the arrangements.
While it is possible to navigate the process as a litigant in person, having specialist support at key stages can make a significant difference to the outcome. A direct access barrister can advise you on how to present your case, help you prepare for hearings, assist with drafting your position statement, and represent you at any hearing where you need advocacy.
This support does not have to involve full instruction for the entire process. Many people use a direct access barrister for specific hearings or for advice sessions at key decision points, which keeps costs manageable while ensuring expert input where it matters most.
You can read more about how this works in our guide to using a direct access barrister for family proceedings.
If you would like to instruct a direct access barrister in your child arrangements case, call our team today. Contact us here.