From completing the C100 application to walking out of your final hearing — this guide covers every stage of child arrangements proceedings for litigants in person. No jargon. No padding. Just clear, honest guidance from someone who understands both sides of the courtroom.
Child arrangements proceedings are among the most emotionally demanding legal processes a person can face. You are fighting for time with your child — and you are doing it in a system that was not designed with you in mind.
The process can feel arbitrary, confusing, and deeply unfair. CAFCASS officers you have never met write reports that influence judges. Hearings are listed for 30 minutes and rearranged without notice. Forms arrive with no explanation of what they mean or what you are supposed to do with them.
This guide exists to change that. By the time you finish reading it, you will understand every stage of the process — from the MIAM through to the final hearing. You will know what CAFCASS actually does and how to work with them effectively. You will understand what the welfare checklist is and how judges apply it. You will know how to write a witness statement that actually makes your case, what happens at each type of hearing, and how to present yourself in court in a way that gives you the best possible chance of the outcome you are seeking.
The most important thing you can do for your child is to understand the process you are in. A calm, prepared litigant in person who understands what the judge needs to hear is far more effective than an anxious one with a barrister who has read the papers for five minutes in the corridor.
This is a long guide because child arrangements proceedings are a long process. Read it in stages — use the chapter headings to find what you need for where you are right now.
In October 2025, the UK Government announced plans to repeal the presumption of parental involvement under the Children Act 1989. This means courts will no longer automatically assume that contact with both parents benefits every child. The law has not yet changed, but courts and CAFCASS are already applying greater weight to safeguarding concerns in light of this policy direction. This guide reflects the current law and practice as at early 2026.
All child arrangements proceedings in England and Wales are governed by the Children Act 1989. This is the most important piece of legislation you need to understand. Everything else in this guide flows from it.
The Act establishes one overriding principle that governs every decision the court makes:
This means the court is not there to decide who is the better parent, to punish bad behaviour, or to resolve the grievances between two adults. It is there to decide what is best for the child. Everything you do in proceedings — every statement you write, every point you make in court, every piece of evidence you gather — should be framed around this principle.
The C100 application allows you to apply for three types of order under Section 8 of the Children Act 1989:
You can apply for more than one type of order on a single C100 application. Many applications combine a Child Arrangements Order with a Prohibited Steps Order.
Parental responsibility (PR) is the collection of rights, duties, powers, responsibilities, and authority that a parent has in relation to their child. Having parental responsibility means you have the legal right to be involved in decisions about your child's education, medical treatment, religious upbringing, and where they live.
Who automatically has parental responsibility:
If you are an unmarried father who is not on the birth certificate, you do not automatically have parental responsibility. You can apply to the court for a Parental Responsibility Order at the same time as your C100 application. This is important — without PR, you have no formal legal right to be involved in decisions about your child's life.
Section 1(5) of the Children Act 1989 states that a court shall not make an order unless doing so would be better for the child than making no order at all. This is called the no-order principle. It means that if parents can reach agreement — either before court, at mediation, or during proceedings — the court will generally prefer a consent order or no order to an imposed one. Courts strongly encourage agreement and settlement at every stage.
If there is domestic abuse in your case, you may need to consider whether to apply for a non-molestation order or occupation order alongside your C100. These are separate applications (using Form FL401) but can be heard concurrently. Domestic abuse allegations also affect your MIAM exemptions — see Chapter 2.
Before you can apply to the court using a C100, you must in most cases attend a Mediation Information and Assessment Meeting (MIAM). This is a private meeting with an accredited family mediator — it is not a court hearing. The mediator will explain what mediation involves and assess whether it might help in your case.
The MIAM is not about forcing you to mediate. It is simply a requirement that you consider it. If you attend the MIAM and mediation is not suitable — or if the other party refuses to attend — the mediator will sign the relevant section of your C100 form confirming you have complied with the requirement.
You do not need to attend a MIAM if one of the following exemptions applies:
The court takes the MIAM requirement seriously. Ticking an exemption box without genuine grounds is likely to be questioned by the court and could reflect badly on you at the first hearing. If you are unsure whether an exemption applies, take advice before submitting your application.
Since 2024, both parties must complete Form FM5 before the first hearing. This form asks you to set out your position on non-court dispute resolution — whether you have considered mediation, why you did or did not engage with it, and what your attitude to future mediation or other alternatives might be.
Form FM5 must be filed with the court and served on the other party at least 7 days before the first hearing. If you fail to file it, you may face costs consequences at the hearing.
Keep your FM5 honest and measured. Explain what steps you took to resolve matters without court proceedings and why those steps did not succeed or were not possible. The judge will read it.
Even if you are exempt from the MIAM, consider whether mediation might actually help. Mediation is significantly faster and cheaper than court proceedings, and an agreement reached in mediation can be converted into a consent order. Many parents who end up in court wish they had tried mediation first. Use the MIAM — even just to show the court you considered it.
The C100 is the standard application form used to ask the family court to make a Section 8 order under the Children Act 1989. You can apply online at gov.uk or by completing a paper form and sending it to your nearest designated family centre. The court fee is currently £263 (April 2025). You may be eligible for help with fees if you receive certain benefits or have a low income — apply using Form EX160.
If you are worried about the other party knowing your address, complete a Form C8 at the same time as your C100. This keeps your address confidential from the other party (though not from the court or CAFCASS).
The C100 has several key sections. Here is what each one is asking for and how to approach it:
Name, date of birth, gender, and current address for each child. Be accurate. Any errors here can cause delays when CAFCASS runs their checks.
State clearly what you are asking for — a Child Arrangements Order, Specific Issue Order, or Prohibited Steps Order. Be specific about what you want, but do not over-elaborate at this stage. A single clear sentence per order is usually sufficient.
Tick the relevant box confirming you attended a MIAM (and ensure the mediator has signed Section 4), or identify which exemption applies. Do not leave this blank — the court will not process an incomplete C100.
Your name, address, and contact details. If using a C8 to keep your address confidential, leave the address blank here and submit the C8 separately.
The other parent's details. Include as much as you know — name, address, date of birth. CAFCASS needs this to run their safeguarding checks before the first hearing.
This is the most critical part of the form. If there are allegations of domestic abuse, harm to the child, or safeguarding concerns, you must tick "yes" and complete the supplemental Form C1A. Be honest, specific, and factual. Describe incidents with dates where possible. Avoid vague language like "he is controlling" — instead say "on [date] he did [specific thing]."
If the other parent has made the application and you have received the C100 and notice of hearing, you are the respondent. You should receive an Acknowledgement of Service form (C7) with the application papers. Complete and return this to the court confirming you have received the application and whether you intend to attend the hearing.
You do not need to file a detailed response before the first hearing — your position statement for the FHDRA is where you set out your initial position. However, you must return the C7 and you must attend the first hearing.
Once your C100 has been issued by the court, the following sequence of events takes place before your first hearing:
The court will list a First Hearing Dispute Resolution Appointment (FHDRA) — usually within 4 to 6 weeks of the application being issued. You will receive a notice of hearing.
The court (or you, depending on the direction given) serves the application on the other parent. They must receive at least 14 days' notice of the hearing. If you are required to serve, you must file a certificate of service with the court confirming it has been done.
CAFCASS will contact both of you separately by telephone before the first hearing. This is the safeguarding call — see Chapter 5 for detailed guidance on how to handle it.
Based on the telephone calls and their background checks (police and local authority records), CAFCASS prepares a short safeguarding letter for the court. The judge will read this before the first hearing. You should receive a copy.
At least 7 days before the first hearing, both parties must file and serve Form FM5 setting out their position on non-court dispute resolution.
For the first hearing, each party should prepare a short position statement — typically 1 to 2 pages — setting out their current position and what they are seeking. File with the court and serve on the other party at least 3 days before the hearing.
From the moment you issue proceedings, keep a dedicated diary or folder — physical or digital — recording every court date, every document received, every CAFCASS contact, and every significant event involving your child. Include dates and times. This will be invaluable when you come to write your witness statement and at hearings.
CAFCASS — the Children and Family Court Advisory and Support Service — is an independent organisation whose role is to safeguard and promote the welfare of children involved in family court proceedings. They are not the court, they are not social services, and they are not there to take sides.
A CAFCASS officer — called a Family Court Adviser (FCA) — is a qualified social worker. Their job is to give the court an independent view of what is in the child's best interests. The court is not bound by what CAFCASS recommends, but judges take their reports very seriously. A strong CAFCASS recommendation in your favour is a significant advantage; a negative one can be very damaging.
Before the first hearing, your CAFCASS officer will call you separately (not together with the other parent). This call typically lasts 20 to 30 minutes. The purpose is to gather background information and identify any safeguarding concerns.
How to handle the safeguarding call:
Do not use the CAFCASS call as an opportunity to list every complaint about the other parent going back years. Officers are experienced at distinguishing between genuine welfare concerns and parental conflict. A parent who focuses obsessively on the other parent's faults rather than the child's needs often creates a negative impression that can affect the whole proceedings. Focus on the child.
If the court orders a fuller investigation — usually where there are unresolved welfare concerns or significant disputes — CAFCASS will prepare a Section 7 report. This is a detailed welfare assessment. See Chapter 9 for full guidance on Section 7 reports.
If the safeguarding letter or any subsequent report contains a factual error, contact CAFCASS in writing promptly and ask for it to be corrected. If the inaccuracy is significant, raise it with the court at the next hearing. You can also file a short statement correcting the factual record.
You cannot complain to CAFCASS about their conclusions or recommendations — only about how they conducted themselves or factual errors. If you disagree with a recommendation, you address that disagreement at the hearing, not through a complaint.
Every decision the family court makes about a child's arrangements must be made by reference to the welfare checklist set out in Section 1(3) of the Children Act 1989. Understanding this checklist — and framing your case around it — is the single most important thing you can do to improve your prospects in proceedings.
The seven factors in the welfare checklist are:
Considered in light of the child's age and understanding. Courts give more weight to older children's views — generally from around 11 or 12 — but this is not a fixed rule and depends on maturity.
What does this specific child need? Stability, schooling, healthcare, emotional support, relationships with siblings and extended family.
How would proposed changes to arrangements affect the child? Courts are generally reluctant to disrupt arrangements that are working well.
The child's individual circumstances — cultural heritage, religious background, any special needs, their relationships with each parent and wider family.
Any abuse, neglect, domestic violence, or other harm — both actual harm that has occurred and prospective risk of harm.
Not who is the "better" parent — but whether each parent is capable of meeting the child's physical, emotional, and developmental needs.
The court considers all the orders available to it — not just the ones applied for — and makes the order (if any) that is most in the child's interests.
Structure everything you write and say around these seven factors. Every point in your position statement, every paragraph of your witness statement, every submission you make at a hearing should connect back to one or more of these factors. The judge is working through this checklist when making their decision. Make it easy for them to find the evidence that supports your case under each heading.
Until recently, the Children Act 1989 contained a presumption that the involvement of both parents in a child's life would further the child's welfare — unless there was evidence that such involvement would put the child at risk. In October 2025, the UK Government announced plans to repeal this presumption, giving greater weight to safeguarding concerns.
This does not mean courts will automatically limit contact. It means they will assess each case on its own merits without starting from a presumption in either direction. If you are the parent seeking contact, the approach is unchanged — demonstrate that contact is in your child's best interests by reference to the welfare checklist. If you are the parent with concerns about contact, this change is significant — it signals a greater judicial willingness to limit or supervise contact where there are genuine safeguarding concerns.
In over twenty years of legal practice — and two years as a litigant in person — here is what I have consistently seen judges respond to positively:
The First Hearing Dispute Resolution Appointment (FHDRA) is the first court hearing in your case. See the EqualJustice Guide No. 1 — Your First Family Court Hearing — for a detailed, step-by-step account of what to expect at this hearing, who will be in the room, what the judge is trying to achieve, and example scripts for what to say.
What follows here is a summary of the key points specifically relevant to child arrangements cases.
At a child arrangements FHDRA, the judge has three objectives:
If the case cannot be resolved at the first hearing — which is common — the judge will make directions. These might include:
The court may make an interim order at the FHDRA — a temporary arrangement for the child while the case continues. This is not a final decision. You must comply with it even if you disagree. If you believe the interim order is harmful to your child, seek advice urgently rather than simply breaching it — breaching a court order is a serious matter.
Your position statement for the first hearing should be short — no more than 2 pages. It should cover:
"Your Honour, I am [NAME], the applicant in this matter. I am seeking a child arrangements order for [CHILD'S NAME], who is currently [age]. I am asking that [child] lives with me and spends time with [other parent] on [proposed schedule]. I believe this arrangement is in [child]'s best interests because [2 to 3 clear reasons based on the welfare checklist]. I have set out my full position in my position statement which I understand the court has seen."
If the case is not resolved at the FHDRA, the court will usually list a Dispute Resolution Appointment (DRA) as the next hearing. The DRA is similar in structure to the FHDRA — it is another opportunity to resolve the case by agreement before a full final hearing — but it takes place after the parties have filed witness statements and, where ordered, after a CAFCASS Section 7 report has been prepared.
The DRA is typically listed for one hour. Both parties will have filed witness statements before this hearing, and the Section 7 report (if ordered) will be available.
The judge will have read the witness statements and the Section 7 report. The hearing typically follows this sequence:
In most cases, yes. A final hearing is stressful, expensive in time and energy, and uncertain in outcome. If the CAFCASS recommendation is broadly in your favour and you can negotiate an arrangement that meets your child's needs, settling at the DRA avoids the risk of a final hearing going against you.
That said, do not agree to an order you are genuinely uncomfortable with simply to avoid a final hearing. If the proposed arrangement is not in your child's best interests, say so clearly to the judge.
Before the DRA, draft your ideal child arrangements order in plain language — where the child lives, specific days and times for contact, how holidays are divided, how handovers work. Bring this to the hearing. If the other party proposes something different, you have a clear document to negotiate around. Judges appreciate parties who come to the DRA with concrete written proposals rather than general statements of position.
A Section 7 report is a detailed welfare assessment prepared under Section 7 of the Children Act 1989. The court orders one when it needs more information before making a final decision — usually where there are unresolved welfare concerns, disputed allegations, or complex issues that could not be resolved at the FHDRA.
Section 7 reports are almost always prepared by a CAFCASS Family Court Adviser. In cases where the local authority is already involved, a social worker may prepare the report instead. In some complex cases, the court appoints an Independent Social Worker (ISW).
A typical Section 7 report will include:
The report will be shared with both parties and the court before the next hearing — usually at least 2 to 3 weeks before.
The CAFCASS officer will usually visit your home and meet with you and your child separately. They will also contact the child's school, GP, and any other relevant professionals. Here is how to approach the process:
You are entitled to disagree with a Section 7 report. The court is not bound by it. Here is how to address it:
If the Section 7 report contains recommendations that go against you, do not assume the judge will ignore it. Address it head-on in your witness statement — acknowledge what the officer found, explain why you disagree where you do, and set out the evidence that supports a different conclusion. A parent who ignores a negative CAFCASS report gives the judge no basis for departing from it.
Your witness statement is the most important document you will produce in your case. It is your evidence — a written account of the facts as you know them, setting out the background to the dispute, the current arrangements, your concerns, and what you are asking the court to order and why.
The witness statement is filed with the court and served on the other party before the DRA or final hearing. At the final hearing, your witness statement is your evidence in chief — you will confirm it is true and then the other party can cross-examine you on it.
There is no fixed format, but the following structure is clear and effective:
Your name, your relationship to the child, how long you have been the child's parent or carer, and a brief summary of what you are seeking.
A factual account of the relationship between the parties and the history of the child's arrangements. Keep this objective and chronological. Avoid emotional language.
What arrangements are currently in place? What is working and what is not? Be specific — days, times, handover arrangements.
If you have welfare concerns about the other parent, set them out here with specific dates and examples. Do not make general allegations — the court needs evidence.
Set out your proposed arrangements in detail — where the child lives, specific contact arrangements including during school holidays, how handovers would work, how you would communicate with the other parent.
Go through each factor of the welfare checklist and explain how your proposed arrangements address it. This is the most important structural element of your statement.
If a Section 7 report has been prepared, address its findings — agreeing where you agree, and clearly explaining where you disagree and why.
A clear statement of what order you are asking the court to make and why it is in your child's best interests.
Never include anything in your witness statement that you do not genuinely believe to be true. A false statement verified by a statement of truth is contempt of court — a criminal offence. Judges are experienced at identifying exaggeration and fabrication. Credibility, once lost, is very hard to recover.
The final hearing is where the judge makes their decision. It is essentially a trial — both parties give oral evidence, the CAFCASS officer (if their attendance is directed) can be questioned, and the judge makes a final child arrangements order that both parties must comply with.
Final hearings are typically listed for a full day, though complex cases may take longer. Most child arrangements cases never reach a final hearing — the majority are resolved at the FHDRA, the DRA, or by consent before the final hearing date.
The judge confirms the issues to be determined, checks that the bundle is in order, and hears any preliminary applications.
You confirm your witness statement is true. The respondent (or their advocate) cross-examines you. The judge may ask questions.
The respondent confirms their witness statement. You can cross-examine them. The judge may ask questions.
The CAFCASS officer gives evidence. Both parties can ask questions about the report and recommendations.
Each party makes closing submissions — a summary of their case and why the judge should make the order they are seeking. This is where you tie together your evidence and the welfare checklist.
The judge gives their decision — either immediately (an ex tempore judgment) or reserved (given at a later date). They will make a final child arrangements order.
Cross-examination is the process of asking the other party questions about their evidence. As a litigant in person, you have the right to do this — but do it strategically:
Since 2022, there are restrictions on direct cross-examination between parties in cases involving domestic abuse allegations. If there has been a conviction, caution, or protective order relating to domestic abuse between the parties, neither party can cross-examine the other in person — the court must appoint a legal representative for that purpose. Raise this with the court at the earliest opportunity if it applies to your case.
This is your chance to pull everything together. A good closing submission covers:
"Your Honour, I am asking the court to make a child arrangements order providing that [CHILD] lives with me and spends time with the respondent on alternate weekends from Friday to Sunday, and for two weeks during the summer holidays. I submit that this arrangement is in [CHILD]'s best interests for the following reasons, which I will address by reference to the welfare checklist..."
Once the final order is made, both parties must comply with it. Wilful breach of a child arrangements order is a serious matter — the court can impose enforcement orders, unpaid work requirements, and in extreme cases, imprisonment for contempt of court.
If the other party is not complying with the order — keep a detailed record of every breach, including dates, times, and what was said. If there is a pattern of non-compliance, you can apply to enforce the order using Form C79. The court fee for a C79 application is currently £263.
A child arrangements order is not permanent. It can be varied if there is a significant change in circumstances — for example, a change in the child's school, a parent relocating, a change in the child's wishes as they get older, or a change in either parent's work patterns.
To vary an order, apply using a new C100 form — selecting "vary or discharge" rather than a new application. The court will assess the proposed variation against the same welfare checklist principles as the original order.
If you wish to move with your child to a different area of the country — or abroad — you must either have the written agreement of everyone with parental responsibility, or obtain a court order permitting the move. Moving without this is a criminal offence if the move is outside England and Wales. Even within England and Wales, moving in a way that significantly affects the other parent's ability to exercise their contact rights can result in enforcement proceedings.
Child arrangements orders automatically cease to have effect when the child turns 16 (or 18 in exceptional circumstances). As children get older, their wishes and feelings carry increasing weight and arrangements often change by agreement rather than through the court. If your child is approaching their teenage years, consider whether a formal variation is needed or whether a more flexible informal arrangement might be more appropriate.
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