The CMS deals with money. The family court deals with where children live and when they spend time with each parent. The two systems are separate, but what happens in one often matters in the other.
At a glance (England and Wales)
| Order | Child arrangements order, under section 8 of the Children Act 1989 |
| Form | C100 (online or paper), plus C1A if there are safety concerns |
| Before applying | Attend a MIAM (mediation information and assessment meeting), unless an exemption applies |
| Court fee | £270 from 1 July 2026. Help with Fees may reduce or remove it. |
| The court’s test | The child’s welfare is the paramount consideration |
Try to agree first
Courts expect parents to try to agree. Mediation, a parenting plan, or solicitor negotiation can all lead to an agreement. If you agree, you can ask the court to make it into a consent order, which is quicker and cheaper than a contested case.
The usual steps
- MIAM. A meeting with an accredited family mediator about whether mediation could work. Exemptions include domestic abuse, child protection concerns and urgency.
- Apply on form C100. Explain the arrangements you are asking for. If you tick any safety concerns, also complete form C1A.
- Safeguarding checks. Cafcass (Cafcass Cymru in Wales) checks police and local authority records and speaks to each parent by phone. It writes a short safeguarding letter for the court.
- First hearing (FHDRA). The court identifies the issues and tries to help the parents agree. If not, it sets a timetable.
- Reports and statements. The court may order a section 7 report from Cafcass and written statements from the parents.
- Dispute resolution appointment. Another chance to agree with the report in hand.
- Final hearing. If there is still no agreement, the court hears evidence and decides.
Some areas use a different model
In some parts of England and Wales, the court runs a newer “pathfinder” process with more work done at the start, including a Child Impact Report. The court will tell you which process applies.
What the court decides
A child arrangements order can say who a child lives with and when they spend time with the other parent. Courts increasingly make “lives with both parents” orders where care is shared. The court will only make an order if it is better for the child than no order.
How a court order affects the CMS
- Shared care. DWP guidance tells decision makers to use a court order as the basis for the level of shared care. An order that sets out nights is strong evidence.
- Changes. A new order that changes the nights should be reported to the CMS as a change of circumstances.
- Equal care. An order for equal shared care is important evidence on day to day care, although the CMS still decides that question itself.
- Maintenance orders. A court can make a child maintenance order only in limited cases, mainly by consent. Once a consent order has been in place for a year, either parent can apply to the CMS instead.
Keep the two cases separate in tone
Family court is about the children’s welfare. Avoid letting the money dispute colour what you say there. Judges and Cafcass officers notice when arrangements look driven by maintenance.
Common questions
Do I need a solicitor?
No. Many parents represent themselves. Free information and support is available from the organisations on get help, and you can bring a McKenzie friend to support you in court.
Can I use what was said in mediation?
Generally no. What is said in mediation is confidential and cannot usually be used in court, apart from limited exceptions such as safety concerns.
What if the other parent breaks the order?
Keep a record. Try to resolve it. If it continues you can apply to the court to enforce the order on form C79.
Scotland is different, isn’t it?
Yes. In Scotland, contact and residence are dealt with by the sheriff court under different rules. The CMS rules are the same in Scotland.
Sources and law
- Children Act 1989, sections 1 and 8
- Children and Families Act 2014, section 10, and Family Procedure Rules 2010, Part 3 (MIAMs)
- Practice Direction 12B (the Child Arrangements Programme)
- Child Support Act 1991, sections 4(10) and 8 (court orders and the CMS)
