Who Can Apply for a Child Arrangements Order?

Certain people, like parents, legal guardians, and step-parents, can apply for a Child Arrangements Order automatically, while others need court permission. The court's main concern throughout is always the welfare of the child.

In this comprehensive guide, our family law team at Wembley Solicitors explains who can apply for a Child Arrangements Order, who needs the court's permission, and what the family court considers before making a decision.

Table of Contents

What Is a Child Arrangements Order?

A Child Arrangements Order is a court order that determines where a child lives, who they spend time with, and the timing and manner of that contact.

These orders replaced the older "residence" and "contact" orders under the Children Act 1989. The court's main focus is always the child's welfare, ensuring that every decision is made in their best interests rather than prioritising parental rights.

Who Can Apply for a Child Arrangements Order Automatically (Without Court Permission)?

You can apply for a Child Arrangements Order without needing the court's permission if you are:

1. A parent (married or unmarried)
2. A legal guardian or special guardian
3. A step-parent with parental responsibility
4. A person with parental responsibility
5. A person who already has a "live with" court order
6. Someone the child has lived with for at least three years
7. A consent holder

If you do not fall into one of these categories, you may still apply, but you will need permission (leave) from the court first.

1. Parents (Married or Unmarried)

Both married and unmarried parents can apply for a Child Arrangements Order without needing the court's permission. If you are the child's biological mother, you automatically have parental responsibility. Fathers may also have parental responsibility depending on whether they were married to the mother at the time of birth or are named on the birth certificate. Either way, both parents are entitled to ask the court to determine living and contact arrangements if an agreement cannot be reached privately.

2. Legal Guardians or Special Guardians

Anyone who has been formally appointed as a legal guardian or special guardian also has the automatic right to apply for a Child Arrangements Order without needing the court's permission. A Special Guardianship Order gives enhanced parental responsibility, meaning the individual has clear authority to make long-term decisions for the child.

3. Step-Parents with Parental Responsibility

Step-parents can apply for a Child Arrangements Order if they have acquired parental responsibility, either through agreement or a court order. In some circumstances, if the child was treated as a "child of the family," the court may recognise their involvement and allow them to apply without additional permission.

4. Individuals with Parental Responsibility

Anyone who holds legal parental responsibility, whether through birth, court order, or formal agreement, can apply directly for a Child Arrangements Order without needing the court's permission. Parental responsibility gives a person the legal authority to make important decisions about the child's upbringing.

5. A Person Who Already Has a "Live With" Court Order

If you already have a court order stating that the child lives with you, you may apply to vary or enforce arrangements without seeking further permission.

6. Long-Term Carers (Three-Year Rule)

If a child has lived with you for at least three years continuously (and that arrangement did not end more than three months before the application), you can apply automatically. The court recognises that long-term carers often play a central role in a child's life.

7. Consent Holders

If everyone who has parental responsibility agrees that you should apply, you can do so without needing separate court permission.

Who Needs Permission (Leave) from the Court?

If you don't automatically qualify, you must seek the court's permission before applying for a Child Arrangements Order.

This usually includes:

• Grandparents
• Aunts, uncles, and extended family
• Family friends
• Those who haven't met the three-year living requirement

The court considers your relationship with the child, the purpose of your application, potential disruption to the child's life, and any welfare concerns. Permission is often granted if your involvement is deemed beneficial to the child.

Do Both Parents Automatically Have the Right to Apply for a Child Arrangements Order?

In most cases, yes. Mothers automatically have parental responsibility. Fathers usually have parental responsibility if they were married to the mother at the time of birth or are named on the birth certificate (after 1 December 2003 in England and Wales).

If you have parental responsibility, you can apply for a Child Arrangements Order without needing special permission from the court.

Can Grandparents Apply for a Child Arrangements Order?

Yes, grandparents can apply, but they usually need court permission unless the child has lived with them for three years or more. The court considers their relationship with the child, level of involvement, and whether the application might disrupt the child's stability. Early legal advice can help navigate the process.

Can Step-Parents Apply for a Child Arrangements Order?

Step-parents can apply if they have parental responsibility, either through a parental responsibility agreement or a court order. Those without parental responsibility may need court permission, and the court will consider their level of involvement in the child's upbringing.

Do I have to go to court to apply for a Child Arrangements Order?

Not always. Before applying, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM). Mediation often helps parents agree on arrangements without the stress of a court hearing.

If both parties agree, a consent order can be submitted to make arrangements legally binding without a contested hearing.

Court proceedings are usually a last resort, but they are sometimes necessary where agreement cannot be reached or where safeguarding concerns exist.

What Does the Court Consider When Deciding?

Understanding who can apply for a Child Arrangements Order is only part of the picture. The next question is: how does the court decide?

Under the Children Act 1989, the court follows a welfare checklist. Key factors include:

• The child's wishes and feelings (depending on age and maturity)
• Their physical, emotional and educational needs
• The likely impact of any changes
• Any risk of harm
• Each adult's ability to meet the child's needs

There is no automatic preference for mothers or fathers. The focus is always on stability, safety, and long-term well-being.

How to Apply for a Child Arrangements Order?

To apply for a Child Arrangements Order, complete Form C100 and submit it to the Family Court, selecting whether you are applying for a new order or varying an existing one. The court fee is £255 (fee remission may apply).

Before applying, you usually must attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, such as cases involving domestic abuse or urgent safeguarding concerns.

How Long Does a Child Arrangements Order Take?

A Child Arrangements Order UK typically takes 6 to 12 months to be finalised. Initial hearings may occur within the first two months, but complex cases, safety concerns, or court delays can extend the process to 15 months or longer.

The timeline varies depending on:

• The complexity of the case
• Whether safeguarding concerns are raised
• Court availability
• Whether parents are willing to cooperate

Straightforward cases may resolve within a few months. More complex disputes can take longer.

How Much Does a Child Arrangement Order Cost?

Applying for a Child Arrangements Order currently costs £263. If you're on a low income or receiving benefits, you may qualify for help with court fees.

Understanding the costs upfront helps parents plan effectively and ensures there are no surprises during the application process. Our solicitor can also advise if you qualify for fee reductions and help you submit your application correctly, saving time and avoiding mistakes.

How Long Does a Child Arrangement Order Last?

Most Child Arrangement Orders remain legally binding until the child turns 16 for contact arrangements and until 18 for living arrangements ("live with" orders). Courts can vary orders if circumstances change, such as relocation, schooling, or safety concerns.

Key Considerations Before Applying for a Child Arrangements Order

Before applying for a Child Arrangements Order, the family court encourages resolving disputes without litigation whenever possible.

• Mediation Requirement: Most applicants must attend a Mediation Information and Assessment Meeting (MIAM) to show they've tried to resolve matters amicably. Exceptions exist for domestic abuse or urgent cases.
• Form C100: Applications are made using Form C100, which details the child's living arrangements, contact proposals, and the background of the case.
• Child's Welfare Is Paramount: The court prioritises the child's best interests, not parental "rights," considering their wishes, needs, risks of harm, and impact of changes.
• Consent Orders: If both parties agree, a consent order can make arrangements legally binding without a contested hearing, reducing stress and conflict.

Final Thoughts

If you are asking, "Who can apply for a Child Arrangements Order?", the answer depends on your legal relationship with the child. Some people can apply automatically, while others must first ask the court for permission (known as "leave"). But the court's guiding principle never changes: the child's welfare comes first.

If you need tailored advice about your situation, the family law team at Wembley Solicitors is here to help you move forward with clarity and confidence.

Why Legal Advice Matters

Disputes involving children are rarely simple. Emotions can run high, and misunderstandings about legal rights are common.

Whether you are a parent, grandparent, step-parent or long-term carer, understanding who can apply for a Child Arrangements Order, and whether you need permission, is essential before taking the next step.

At Wembley Solicitors, our family law team provides clear, practical guidance tailored to your circumstances. We focus on:

• Protecting the child's welfare
• Resolving disputes constructively
• Minimising stress wherever possible
• Preparing strong, carefully considered applications when court proceedings are necessary

Contact Wembley Solicitors for a Child Arrangements Order

If you want to apply for a Child Arrangements Order or need help with existing arrangements, Wembley Solicitors' experienced family law team can guide you through the entire process, from mediation sessions and completing Form C100 to court representation.

For expert legal advice or assistance with applying for a Child Arrangements Order UK, call Wembley Solicitors today at 020 3417 3700 to book a consultation.