• As parents, you share responsibility for sorting out arrangements for your children. It is up to you to make every effort to agree how you will bring them up, as long as it is safe for you and the children to do this. If talking is difficult, help is available.
• There is one court called the Family Court, which works in different places across England and Wales, and which deals with disagreements between separated families. These are not the same courts where people who are accused of doing something wrong go.
• In most cases, courts expect both parents to see their children. This is because it is usually in a child’s best interests to spend time with the parent they are not living with day to day. Sometimes there may be reasons why this is not safe or in the best interests of the children. Sometimes the court makes an order restricting or monitoring this time. For example, contact between a parent and child may be limited to letters, cards and presents, if this would be best for the child.
• If your child's other parent does not pay maintenance or pays late, that does not give you the right to stop them seeing the children. If your child's other parent stops you seeing the children, that does not give you the right to stop paying maintenance. These issues are not linked in this way, although people commonly think they are.
• A lot changes as children grow up. The arrangements you make now for your children may not be the right arrangements for them next year or in 5 years' time. This is normal. Be ready to recognise this and adapt to meet the changing needs of your children.
• Whatever your situation, going to court is not the place to start. Before you apply for a court order about the arrangements for your children, the court requires you to find out about and try family mediation or other possible ways to come to an agreement first, unless it would be unsafe for you to do so. If you haven’t seen our guide on what you need to do first before you apply to court, make sure you start there. 
• Family mediation is available whether you split up recently or years ago, shared a home or never lived together. Family mediation is not the same as ‘marriage guidance’ - it is not about getting back together. In fact it is the opposite - family mediation aims to help you to agree how you will live apart. In a situation where you cannot agree the arrangements for your children, a family mediator can help you discuss possible solutions. But it is not the mediator who makes the decisions or agrees to a plan - it is you. For more help, go to Family mediation. 
• If you do end up going to court, the court help you and your child's other parent agree things between you where possible, if this is in the best interests of your children and safe for everyone involved. Courts prefer not to make a decision for you and think your own agreement is usually better in the long term for your children.
• If you represent yourself in any court proceedings without the help of a solicitor or barrister, then the law calls you a ‘litigant in person’ or 'LiP' for short. It is possible that you and your child's other parent are both litigants in person.
• We talk about the court ‘doing’ things quite a lot in this guide. For example, the court may ‘send’ out a form, ‘make’ a decision or ‘think’ about something. It sounds a bit odd because most people think of a court as a place, a building. But ‘the court’ is often used to mean the people working in the court, whether they are a judge or court staff. And that’s how we use the term here and how you will probably hear other people use it too.

Legal aid is a government scheme to help people who live on a low income, have few savings and meet specific other criteria, pay for legal advice.

Legal aid is no longer available to pay for legal advice from a solicitor to help you apply for a child arrangements order unless you can prove you have suffered domestic abuse or that your child is at risk of abuse from your ex. 

Legal aid is still available to pay for family mediation, without the need to provide evidence of domestic abuse. Eligibility for legal aid depends on your financial circumstances. You can get an indication of whether you can get legal aid by going to Check legal aid. This will take you to the GOV.UK calculator. 

What is domestic abuse?

Domestic abuse means any abusive behaviour by one person towards another person, where those two people are in an intimate relationship or are relatives. The abuse can be: 

• physical or sexual,
• violent or threatening behaviour,
• controlling or coercive behaviour,
• economic, 
• psychological or emotional.

A child who sees, hears or experiences the effects of the domestic abuse is also a victim of domestic abuse.

Abuse can happen via tech and online as well as in real life. Some examples of tech abuse are abusive messaging online, tracking you with spyware, demanding access to your devices and online accounts or sharing intimate images online without your consent.

Domestic abuse and working out child arrangements

If you have experienced domestic abuse in your relationship with your child’s other parent it is really important to get legal advice before you make any big decisions, if you possibly can. In this situation, reaching an agreement about contact may well not be the right thing to do to keep you and your children safe. You will need legal advice on this to understand how the court would look at your case. Make sure you look into whether or not you can get legal aid.

Applying for legal aid 

To apply for legal aid, you must be able to give your solicitor some evidence that you have suffered domestic abuse or that your child is at risk of abuse from your ex. For more help take a look at How to get legal aid for a family issue. 

• Look at the Resolution website for a family law solicitor near you. But make sure they do legal aid as not all firms do. Look for the green tick below their name.
• Call round various solicitors to ask for an appointment about domestic abuse and to be assessed for legal aid. They will usually try very hard to fit you in as soon as possible when you explain your problem is about domestic abuse and you feel unsafe. You can use the GOV.UK legal aid calculator to get an indication as to whether you may be able to get legal aid, but it can’t give you a final answer - you need a legal aid lawyer to help with this.

If you cannot get legal aid or afford a solicitor 

If you cannot get legal aid or afford to pay for a family law solicitor, don’t give up. It is really important to get some legal advice on your exact situation. It may be that it is not safe for you or your children to agree on contact because of what has happened with your ex. There are other places where you can get help on these issues such as Rights of Women, RCJ Advice, the Child Law Advice service, legal advice clinics, and some law centres. For more information go to the section called More help and advice.

Going through a break-up can be very demanding. There can be a lot to sort out, just at the time when you are least ready to face a long list of things to do. It can be hard to work out what is a priority and what can wait, if you are experiencing lots of different emotions all at once. Not understanding your legal position is, understandably, another serious worry.  

At this stage, if you can possibly afford it, you should get some legal advice early on in the process. This will help you get a good sense of where you stand and where you want to go from here. For example, with some legal advice you may find that you change your mind about applying to court.

If you think you might be able to get legal aid, be sure to check. 

The court will consider your child’s welfare above all else. This is about trying to decide, sometimes in difficult circumstances, what is in your child’s best interests. It means putting what your child needs first, before what each parent may want or need. 

The law makes it clear that the court must only make an order if doing that is better for your child than making no order at all. You may hear lawyers call this the ‘no order principle’.

The court must also avoid any delay, where possible as it is generally agreed that delaying a decision is not usually good for children and can sometimes cause them harm. If it is important that the court makes a decision before a particular event takes place, for example, your child starts nursery or goes back to or changes school or moves to live with another family member, then the court should take this into account when they organise the hearing in your case.

The court’s checklist – what is best for your children 

The law gives the court a checklist of things to think about when deciding what is best for your children. You may hear this called the 'welfare checklist'. Next, we list all the thing the court takes into account.

1. Your child’s wishes and feelings

This does not mean that the court will do whatever your child says they want. But if your child is old enough to understand the questions they are asked and the court (with the help of a Family Court Adviser) can find out what they think, then it will consider what they say. There is no fixed age for this. 

For more information about Family Court Advisers see The Children and Family Court Advisory and Support Service. The court will want to know that your child’s wishes and feelings are their own and have not been influenced by either of their parents. While a child’s wishes and feelings are always important to the court, the older your child is, the more weight the court will give them.

2. Your child’s physical, emotional and educational needs

This includes your child’s need for love and affection as well as for education, a home and food. It also includes things that can affect your child’s emotional well being. So if, for example, your proposals involve separating one child from his/her brother or sister, the court will consider how this will impact on their emotional needs. If you and your ex argue or resort to violence with your children around, again the court will take this into account.

3. The likely effect of any change in circumstances on your child

Change can be disruptive for children so the court will want to think about the effect on your child of any change you are suggesting, for example, in where they live or who they live or spend time with. Does the benefit of any change outweigh any possible negative effects?

4. The age, sex, background and any relevant characteristics of your child

This includes any cultural, religious or language needs as well as any disabilities.

5. Any harm your child has suffered or is at risk of suffering

Harm can mean ill treatment or damage to your child’s health or development, the impact caused by them seeing or hearing domestic violence or abuse or by preventing contact without a good reason. Can you protect your child from this kind of harm?

6. How capable you and the child’s other parent are of meeting your child’s needs

Do you have the skills to look after your child and meet their needs? If, for example, you have drug or alcohol problems and these problems affect your ability to meet your child’s needs then this is something the court will take into account.

You can sort out the arrangements for your children by agreement at any time – either before or after you start court proceedings or, ideally, without there being any court proceedings at all. Whether you manage to do this will depend partly on your own and your ex’s attitude to solving your problems this way. If you haven’t already read How to sort out child arrangements, it’s a great place to start.  

As long as it is safe for you to do so, reaching an agreement yourselves is usually better than the court telling everyone what to do. You are more likely to be satisfied with the outcome and stick to the decisions you have made together. And children do better when their parents and relatives cooperate with each other. 

Sometimes people think that by going to court they will get everything sorted out for them by the judge. In fact, often the judge will ask you and your ex to compromise when you get to court and agree on as much as you can without them making an order. So, it is usually better to avoid the time, costs and stress involving in going to court and try and agree things between yourselves. You may need some help with this. We talk more about this in the next section. 

Reasons for agreeing the arrangements for your children

If it is safe, it is usually much better for you to agree arrangements if you possibly can because: 

• You decide what happens rather than somebody who does not know your child. 
• It can be less stressful. 
• It can be quicker – there are significant backlogs in the family court. 
• It can be cheaper. 
• It can create more certainty about the outcome. 

All these things mean less conflict which is better for your children. 

Get some legal advice

If you can afford it, it can be very helpful to get some legal advice on your options at the start to help you negotiate with your ex and avoid court. Go to the box on the right at the top of this section for more. 

It might be that it is not you but your ex (or another family member) who has come to you talking about their view on how arrangements are not working. This can be hard to deal with if you are happy with how things are currently. 

But remember there are some really good reasons for trying to work things out together if you can: 

• You decide what happens rather than somebody who does not know your child.
• It can be less stressful.
• It can be quicker.
• It can be cheaper.
• It can create more certainty about the outcome.

If it is safe for you, try talking to your ex and listening to what they have to say. If this is difficult you might ask a friend or family member that you both get on with to help you in some way. This could be by being there when you speak to keep things on track and calm or by speaking to each of you separately about what you think should happen. 

If your ex has suggested changes to the current arrangements for your child that you are not sure about or are definitely unhappy about then it would be really sensible to get some legal advice now about your position. This will help you work out how to respond to your ex's suggestion. 

Get some legal advice

If you can afford it, it can be very helpful to get some legal advice on your position in relation to your ex's proposals and how negotiate with your ex to avoid court. Go to the box called 'Get affordable advice' for more details. 

If you manage to reach an agreement

If you manage to reach an agreement either together or with help, a good way to record your agreement is in a parenting plan. A parenting plan is a written plan worked out following negotiation between you and your child’s other parent or other family members. It sets out your decisions about the everyday, practical issues to do with caring for your children including how you are going to communicate about the children, living arrangements, money, education, religion and healthcare. A parenting plan can be a useful way of making sure everyone involved knows what is expected of them and creating some certainty for the future. 

Parenting plans

Have a look at the Cafcass website for more information on parenting plans and to complete your own.

Another option is to use a GOV.UK online tool called Make a child arrangements plan – this allows you to both answer questions on the arrangements you want to come up with and records your final agreement in a PDF document. 

If you cannot reach agreement by speaking to each other or with the help of family or friends, you cannot just go straight to court for an order (unless there has been domestic abuse or issues of urgency or safety for the children). Instead, the court expects you to try another way to resolve your dispute. Family lawyers often call this ‘non-court dispute resolution’ or NCDR for short. 

The methods of non-court dispute resolution that the court recognises are: 

• mediation, 
• a process called the ‘collaborative law approach’ where you both (or all) have solicitors and come together in the same room to negotiate and reach agreement, 
• neutral evaluation where a single experienced family lawyer gives their opinion to both of you on how the court would decide what should happen in your dispute, or 
• arbitration (like having a private judge, who makes a legal binding decision that you both need to follow).

The cheapest of these options is likely to be mediation, especially if you can get legal aid to mediate or access a mediation voucher. However, any of these options is likely to be quicker than going to court as some areas of the country have really long delays in deciding cases.

The best place to start to learn more about mediation and other ways to resolve your dispute is at a ‘mediation information and assessment meeting’ or MIAM for short. 

Mediation Information and Assessment Meetings (MIAMs)

A MIAM is not mediation. It is a meeting to help you understand more about mediation and the other options available to you to reach an agreement out of court. Mediation can help but there are other options to think about too. 

The purpose of this meeting is to:

• explore whether you really have to go to court or whether you might be able to come to an agreement, and
• assess whether mediation, or another type of dispute resolution, is a safe way for you and the other parent to try and sort out your disagreement.

Mediation aims to help you communicate with one another now and in the future and to reduce any conflict between you. Trained mediators can help you talk to each other and find solutions, even when it is hard. They are there to help you both and can provide you with a safe and supportive environment where you can work out solutions together. 

You can learn more about MIAMs and what else the court expects of you and your ex in our guide What to do before you apply to the family court about your children.

GOV.UK has a new online tool that can help you think about the options you have in terms of sorting out child arrangements and when going to court may be necessary. Take a look at Find ways to make your child arrangements.

Whether you are using a solicitor or doing it yourself, it’s useful to have an understanding of what is involved in a typical application for a child arrangements order. Even though your case may be different, we hope this example makes the process seem a bit less daunting.

We have used a quite a simple example where neither parent is saying there has been any harm or domestic abuse. 

You will probably come across lots of new technical words. This is the jargon that lawyers and court staff use. We think there's no getting around it - you have to understand what it means too. We explain these words in the section called What does it mean?

The story so far...

Pat and Mo have 2 children - one is 7 years old and the other is 5. Pat and Mo no longer live together. Mo looks after the children on a day to day basis. Pat used to see the children regularly but Mo is now telling him that his visits unsettle the children and that he cannot see them for the time being. Pat suggests they visit a family mediator but Mo is not willing to do this.

This is a step by step description of how Pat applies for a child arrangements order.

START

1. Pat finds a family mediator, asks about their charges and arranges and attends a mediation information and assessment meeting. For information about how to find a family mediator, see More help and advice.
2. The mediator offers an appointment face to face or by video call to Mo. Mo does not reply. The mediator updates Pat and fills in part of the C100 form to confirm Pat's efforts to mediate and gives it to Pat. You can find more information about this form in our extended guide.
3. Pat chooses to fill in the rest of the paper version of the C100 form as fully as possible and signs and dates it. It is very important Pat provides all the information the form asks for about Mo including details of her previous addresses for the last 5 years. If he doesn’t, this will hold up his case (he could also do this form online if he wanted to. The online form has a section on mediation where he could just add in the important information from the mediator himself). 
4. Pat goes to his local library and makes 3 photocopies of the completed C100 form. (This isn’t necessary if he decided to do the form online). 
5. Pat checks whether the family court charges a fee for this kind of application and whether he is eligible to get help paying the fee. For information about court fees, see Going to court - the basics.
6. Pat sends the original C100 form and 3 copies to the family court. He includes a cheque for the correct court fee. If Pat does not have a bank account he can send a postal order instead or take the forms to the court and pay the fee in cash. (Another option, is to pay online or by phone with a debit or credit card).
7. The court issues the proceedings and sends Pat a copy of his application together with a Notice of hearing. This tells Pat when and where the first meeting with a judge will take place.
8. The court serves a copy of the C100 form together with a Notice of hearing, Directions on issue and Acknowledgement form (Form C7) on Mo (or Pat can ask to do this himself, by first class post, if he wants to). You can find more information about these forms in our extended guide.
9. The court sends a copy of Pat’s application to Cafcass. A Cafcass officer checks to see whether the council or the police have any knowledge or worries about the children and also speaks to both parents separately on the phone. The court also tells Pat and Mo if there is anything else they need to do before the first hearing (For Pat and Mo this will be at a court building but sometimes hearings will take place by video or phone). 
10. The court asks Pat and Mo to do Form FM5 – about their efforts to resolve their dispute out of court. 
11. Pat and Mo go to the family court for the First Hearing Dispute Resolution Appointment (FHDRA). They don’t take the children with them as it is best not to involve them, unless the judge has specifically asked to meet them. At this first meeting, a judge and a Cafcass officer will talk to Pat and Mo about what it is they cannot agree about. They will also discuss whether mediation, or another kind of dispute resolution, is suitable for them and could help them reach an agreement about the arrangements for their children. The court can pause the process to ask you to try mediation or another kind of dispute resolution. 
12. Pat and Mo cannot agree about allowing Pat to see the children and so the judge makes directions instead. The judge asks Mo about why she did not go to the MIAM meeting she was invited to. She makes no allegations against Mo. The judge tells her that the MIAM would be helpful and directs her to go one before the next hearing (Not all judges do this, but they are encouraged by new rules to do so). The judge tells both Pat and Mo to write a short statement setting out their views and proposals for future arrangements and gives them a deadline for doing this. The judge also fixes a date for the next hearing, a Dispute Resolution Appointment.
13. Pat and Mo write their statements and file them at court in good time before the deadline and send a copy to each other. 
14. At the Dispute Resolution Appointment the judge encourages the parents to compromise, but Mo and Pat still cannot agree.
15. At the final hearing, Mo and Pat take it in turns to tell the judge what they are finding difficult to agree and what result they are looking for.
16. The court makes an order that they must both follow.
17. The court gives Mo and Pat a copy of the order before they leave court. (If their hearings took place by video or phone call, court orders would be posted or emailed to them).

FINISH

In this section we explain which court to use, where you can find the forms you will need and information about court fees and court rules (Family Procedure Rules). We also talk about how much it could cost and how long it may take. 

Which court?

You can apply to any family court but you should normally make your application to the family court nearest to the children. You can find the contact details and opening times of all courts at Find the right court or tribunal.

How long will the case take?

On average at the moment, it is taking around eight months for the court to deal with this kind of case. How long your case will take depends on the number and complexity of things you disagree about. For example, the case will take longer if one of you raises concerns about safety issues such as allegations of domestic abuse, serious mental health issues or drug or alcohol misuse.

The court is very aware that any delay in decisions affecting children is not good. So, most cases take several months rather than years. However, there is a big backlog of cases in the family court so you may have a long wait from the date you send or give your application to the court until you get a date for the first hearing. 

Which forms? 

To apply for a child arrangements order you need to fill in a C100 form. You can apply online, or you can apply using a paper form. The processes are quite different and so we explain each one in detail in the next section.

Applying online is likely to be: 

• easier – you only have to answer the relevant questions rather than wading through all the questions, and 
• quicker – you don’t need to print it out, make copies or post it, and the court will have your application on their system as soon as you submit it.

Applying online can be easier because the online form includes all the questions you need to answer in one place, and based on your answers, you are only asked questions that are relevant to you. You can then access all the information and documents throughout the case through the online service.

If you prefer to do a paper form that is still available. You can find details about both the online and paper applications by going to Form C100. This takes you to the GOV.UK page with information on both. If you want to do a paper form and struggle to access a printer you can try your local library or go to your local court and ask them to print off the form for you. 

If there is already a case about your child or children at the family court and you need to apply for an order within those proceedings, you need Form C2. 

How much it will cost?

How much it costs you will totally depend on whether you deal with all the paperwork yourself or pay a lawyer to do some or all of it for you. 

Lawyers charge for their time. So, usually, every time you write, email or phone, they will charge you for the time they spend reading what you say, thinking about what advice to give you and giving you that advice. The more often you contact them, the more time they spend negotiating on your behalf or representing you at court hearings, the greater the cost – to you.

If you use a lawyer, the key is to use their time carefully. So prepare a list of the points you want to make and questions you want to ask before you speak to them (take a look at How to prepare for seeing a solicitor or adviser for more help). Legal costs can quite easily add up to thousands of pounds. This is one reason why the court encourages people to mediate and reach an agreement either without going to court at all or if you end up in court, at each hearing you attend.

Some lawyers offer packages of legal services for a fixed fee. Sometimes these services include a free first meeting. We suggest you ring round or email several to check what they offer for the price they are quoting. What will they do for you? What do they expect you to do?

Some lawyers are happy to just to specific bits of the process for you. You might hear them called this service ‘unbundled work’. So, for example, you could decide to pay them just to prepare your application. If so, ring round and ask for a quote for doing this job. You might want to pay them to be available on the phone on the date of the first hearing to answer your queries or to represent you at the final hearing. Some firms offer a pay as you go option, so you don't get any nasty surprises when it comes to paying your bill. 

Another option to help you stay on top of your costs is our Affordable Advice scheme. While reading this guide you will have seen that, at various points, we suggest you get some legal advice if you can possibly afford it. We only do this when we think it will be really useful. We set out clearly what the solicitor can advise you on and how much it will cost you. There are no hidden extras. For more on this, take a look at Our affordable advice service. 

You could also consult a barrister directly without having to involve anyone else (for example, a solicitor). This is often called ‘direct access’.  The barrister can give you their expert opinion on your case and also represent you without the need to have a solicitor too. For more information go to the Direct Access Portal website. It is important to be really organised if you are going to instruct a barrister directly, because they will charge more if they think it will take them more time to understand the case.

If you have a specific amount of money you can afford, think about whether it is best to use this to help you prepare (for example spend it on legal advice or drafting), or to pay a lawyer to represent you at the hearing. What is likely to be best will depend on the issues in your case.

Your ex's costs

You should only have to pay for your own costs (not your ex’s as well) unless the court decides you have run your case unreasonably. That might include: 

• not doing what the court has ordered, 
• not trying non-court dispute resolution when the judge thinks it would be suitable, 
• failing to turn up for hearings, 
• misleading the court or your ex, or 
• continuing to make unreasonable arguments.

Family court fees

You usually have to pay a family court fee when you start proceedings about the arrangements for your children. the court calls this 'issuing proceedings'. Court fees vary. The current court fee for a C100 form is £270. The fees do change so to be sure what the fee is when you apply, by going to the court fees list EX50. 

Help with court fees

You may not have to pay a fee at all or only a reduced fee if you have a low income. For example, you will not pay anything if you can prove that you get Income Support, income-based Jobseeker’s Allowance, Pension Credit guarantee credit, Universal Credit with gross annual earnings of less than £6,000, or income-related Employment and Support Allowance and your savings or other capital don’t go over certain limits.

For more help see our How to apply for help with court fees page. 

Family procedure rules

These rules explain what you need to do when. You may hear lawyers talk about the ‘FPR’. What they are referring to are these rules. You need to follow the ones that apply to your case. You can find the rules at Family procedure rules.

A quick look will probably just confirm your worst fears - there are loads of them. And an individual rule often comes with one or more additional bits of guidance, called ‘practice directions’. The good news is that only a few rules and practice directions are likely to apply to your case, unless it is very complicated. So it is not like a book, you don’t have to start at the beginning and read all the way through to the end. You need to pick out the rules that are relevant to your case. We will try and help you do this by including any key rules in this guide.

People you will meet when you have a case in the family court

Court staff

There are lots of people who work at court buildings and in court offices who keep the court service running. You might meet or speak to some of them if you attend a court hearing.

Judges 

Judges are specially trained lawyers who are appointed to hear cases and make court orders. A judge is a legal expert in the area of law that they hear cases about. You should only see one judge who will deal with your case, and you may not even need to see them, depending on how complicated the issues are in your family.

Lay Magistrates

Lay Magistrates are volunteers from the local community who sit in the family court and hear cases about children. They work as a group of three with a lead magistrate, called the chair. They have a court legal adviser who is trained in the law to advise them on their decisions.

Cafcass officers 

Cafcass officers - also called a family court adviser - is a specialist social worker. Cafcass stands for the Children and Family Court Advisory and Support Service. This service provides advice and support to help the family court and families make decisions in the best interests of children. For more information go to the section called Children and Family Court Advisory and Support Service.
 

Buy our extended guide for more information about who can apply for this kind of court order, how you apply, what forms you must fill in, how you will know you have successfully started your case, who you have to tell about your application and what happens next.

Here's a brief overview of what's involved.

Checklist for starting an application for a child arrangements order

• Identify the right forms for your case (most usually the C100 but sometimes the C2 and C1A for domestic abuse or harm and C8 for keeping your personal details private). 
• If you need C100, you can choose to apply online or use the paper form. 
• If you need the C2 form you have to apply using the paper form. 

Choose the correct column below, depending on how you are applying. 

Get some legal advice

If you can possibly afford it, it will be very helpful to get some legal advice before you take the plunge and take your application to the family court. In order to get advice from our panel at our fixed price you need to read our extended guide so that you can make the most of your time with a solicitor on our panel. Go to the box on the right at the top of this section for more. 

Everyone tends to think their own case is urgent but as far as the court is concerned only a very few cases really are.

The court will only treat a case as urgent if there is a risk to the life, liberty or physical safety of you or your family, a risk to your home, or any delay would cause: 

• a risk of harm to your child,
• a risk your child might be removed unlawfully from the UK
• a significant risk of a miscarriage of justice,
• you to suffer unreasonable hardship, or
• problems in dealing with the dispute that could not be fixed later (for example, the loss of significant evidence).

Normally the court will not make any decisions without hearing from both you and your ex (or other family member). If your case is urgent, the court may be prepared to make an order without first telling your ex about the hearing or giving them a chance to have their say. The law calls this ‘without notice’. If you are allowed a ‘without notice’ hearing you must fairly explain the case and not leave out important information that the other person would have raised if they were there.

But the court will only do this if:

• giving notice would allow your ex the time to take steps to defeat the purpose of the order, or
• it is so urgent that there has been literally no time to give notice even by telephone, text or e-mail, or
• giving notice would expose you or your child to an unnecessary risk of physical or emotional harm.

The court might accept that your case is urgent but still want to give your ex an opportunity to have their say. If so, the court might wait for short while so that your ex (or whoever the respondent is) can be given a chance to come to the hearing. There may not be time to give them the amount of warning usually required (you may hear this called ‘full notice’) and so the court may shorten the notice period.

If the court does make an order without notice, it will arrange a further hearing to give your ex (or other family member) a chance to have their say. If you are not the applicant and you were not given notice of a hearing, you have the right to ask the court to reconsider the order it made. You must do this straight away by writing to the court. You must also tell the applicant that you have asked the court to reconsider the order.

You apply for an urgent hearing by ticking the box on Form C100 against the question: Is an urgent hearing or without notice hearing required? You must also complete the relevant sections of the form explaining the urgency and claiming exemption from attending a mediation information and assessment meeting.

Get some legal advice

If you can possibly afford it, you should get some legal advice on whether or not you need to make an urgent application to the family court. 

In order to get advice from our panel at our fixed price you need to read our extended guide so that you can make the most of your time with a solicitor on our panel. Go to the box on the right at the top of this section for more. 

For step by step guidance on how to respond if you've been sent a copy of your ex’s application for an order about the arrangements for your children, buy our extended guide.

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on the application you have received before you decide how you want to respond. In order to get advice from our panel at this fixed price you need to read our extended guide, so that you can make the most of your time with a solicitor on our panel. Go to the box on the right at the top of this section for more. 

In this section we explain what the Children and Family Court Advisory and Support Service (usually called Cafcass for short) is and what they do. Cafcass provides advice and support to help the family court and families make decisions in the best interests of children.

A Cafcass officer - sometimes also called a Family Court Adviser - is a specialist social worker whose job is to help you agree the arrangements for your children if possible, carry out safeguarding enquiries and, if asked by the judge, write a report for the court about your children’s needs.   

Once they get a copy of your application, Cafcass will carry out safeguarding checks to make sure your child is safe and not at risk of harm. This is the process of asking for, receiving and closely inspecting information about the adults and children involved in your application.

A Cafcass officer carries out enquiries by:

• looking at your application form to see if you have ticked any of the boxes to say that you are concerned about the risk of harm to your child or children. (Sometimes even if you haven’t ticked any of these boxes, there may be something in your application that suggests there could be a risk. So, for example, if you mention that your children’s other parent is about to be released from prison, they will probably look into this further.)
• looking at the C1A form (if you have filled one in) and deciding whether they think there is a genuine risk of harm.
• checking whether the police or council have been involved with you, your ex, or your family and if they have any concerns about either parent.

Before the Cafcass officer finalises their enquiries they will usually try and speak to you and the respondent. The Cafcass officer will send a letter to the court to tell the court the results of their enquiries. If the Cafcass officer speaks to you or the respondent before they send this letter to the court they will include what you say in this letter. So, if you can, it is a good idea to really think about the most important things you want to say to the Cafcass officer before they call you.

This information is provided to the court in time for the first hearing. Cafcass will usually give this information to you too. If they don’t then the court will tell you what’s in the information unless it thinks that doing this might create risks for you or your ex (or other family member) or your child or children. 

If the judge asks, a Cafcass officer will write a report for the court about your children’s needs. The judge may ask the Cafcass officer to focus on one or more particular issues which you disagree about.

When a Cafcass officer is asked to write a report about your case they will speak to all the important people in your child’s life. This could be other family members, teachers, nursery staff, support workers etc. - as well as you and your ex of course. Their aim is to find out what is happening for your child now and what is in your child’s best interests going forward. They will then make recommendations on what care arrangements should be put in place for the future for your child. They will use the welfare checklist (which you can find in What the court takes into account when making its decision) to help them make their recommendations to the court.

If the Cafcass officer is asked to write this kind of report, you might hear them call it a ‘section 7 report'. Or, if they are asked to write a shorter report, you might hear them call it a ‘wishes and feelings report’. 

If your family has been involved with a social worker before, the court might ask the social worker to do the report instead. Or, if the court is concerned that your child might be at risk of significant harm it might ask children’s services to write a report. Lawyers and judges call this type of report a ‘section 37 report’.

Cafcass has a helpful section on their website aimed at parents, carers and family members where you can find more details and resources.

Working with the Cafcass officer in your case

Even if the court does not ask Cafcass to do a detailed report about your family you will still speak or meet with a Cafcass officer right at the start of your case. The Cafcass officer will usually call you and your ex as part of their enquiries before the hearing and also speak to you both at the first hearing.

If your first hearing takes place in a court building, a Cafcass officer will be there, but it is highly likely they will have other families to meet too and you will have to wait to be seen. After you have both spoken to the Cafcass officer there will be time to go into the court room with your ex and the Cafcass officer who will report back to the judge. The judge will then decide if the Cafcass officer needs to carry on being involved in the case or not. If your hearing takes place by phone or video call then the Cafcass officer will join the hearing at the same time as you, the other people in the case and the judge. In this situation the Cafcass officer will usually try and have a meeting with you beforehand, by phone or video call.

This can be nerve-racking for everyone involved. Below, you can read our top tips for working well with your Cafcass officer.

Get some legal advice

We have set out lots of information about Cafcass above but if you want to talk through your particular case, one of our panel of Resolution members can do this. Go to the box on the right at the top of this section for more. 

In this section we explain what happens at the first meeting (called a hearing) you have with a judge. The name given to this hearing by the court is the First Hearing Dispute Resolution Appointment or FHDRA. You may hear court staff and lawyers call it this, or they might just call it the first hearing.

If you are unable to reach agreement at the first hearing, it may be that the court will postpone (the court calls this 'adjourning' the case) so a report can be prepared by Cafcass or for other evidence to be obtained. When this further information is available, the judge may ask you to attend another hearing for something called a Dispute Resolution Appointment. At this hearing the judge will explore with you again whether you and your ex (or other family member) may be able to agree arrangements for your children. 

What can the judge order at this hearing?

The judge can do a number of things at a Dispute Resolution Appointment, for example:

• identify the key issue(s) that need to be decided and how far they can be sorted out at this hearing,
• consider whether your case can be dealt with and finished at this hearing,
• listen to the evidence as a way of resolving or narrowing down the areas of disagreement (the law calls these ‘issues’) between you,
• identify what evidence there is on the areas of disagreement which remain to be sorted out at the final hearing,
• give final case management directions. These can include instructions about what further evidence you must file, whether you must file a statement, whether you need to prepare a bundle (this what lawyers call a file with all the key documents about the case), and the date of the final hearing.

You can find the court rules about this type of hearing by going to Practice direction 12B para 19.1 - Dispute Resolution Appointment

Get some legal advice

If you didn’t get any legal advice before the first hearing, it would be really sensible to get some now before you attend the Dispute Resolution Appointment. Go to the box on the right at the top of this section for more. 

Get some legal advice 

If you can possibly afford it, you should get some legal advice on what evidence would help support your case. Evidence can come from different places and in different forms. For example, a paternity test, drug and alcohol testing, medical records, school records or a statement from you or a witness who supports your case.

In order to get advice from our panel at this fixed price you need to buy and read our extended guide so that you can make the most of your time with a solicitor on our panel. Go to the box on the right at the top of this section for more. 

In this section we explain what a final hearing is, what happens in it and how to get ready for it.

The final hearing is when a judge hears the evidence and makes a decision that is legally binding on you both. But this only happens if you cannot reach an agreement yourselves. People often think that the judge will run the hearing; that the judge will ask their ex questions, give them a hard time or unpick the evidence to get at the truth. Judges will help where they can (particularly if they think that you are struggling) but if you are the person who applied, generally you have to be prepared to take the lead.

Judges vary in how they start a final hearing. They should explain what is going to happen and put you at your ease. The judge may invite you to speak, or not. They may just expect you to stand up and start. If you are not sure what to do, just stand up and say something like, ‘Would you like me to start now?’ If you don’t know the judge’s name or how senior they are, it is best to call them 'Judge'.

Sometimes hearings take place in rooms rather than in courts and you may not need to stand up when speaking. If you're not sure about where you should sit and whether to stand or stay sitting when speaking, just ask the judge.

You and your ex will each have a chance to tell your story (the law calls this ‘giving evidence’). You will have to make a formal promise to the court to tell the truth (the law calls this ‘taking an oath’ or ‘affirming’). Whoever is the applicant goes first and the respondent second. If your ex is represented by a lawyer, then the lawyer will get them to tell their story by asking them questions. When your ex finishes telling their story, you and the judge can ask them questions. When you finish telling your story, the judge (or your ex’s lawyer if they have one) can ask you questions. The judge will help with asking questions where necessary. When you ask questions, make sure they are questions and not speeches.

If Cafcass has prepared a report, the author of the report usually attends court for the final hearing. This will give you, your ex and the judge an opportunity to ask them questions about what the report says and the recommendations.

The judge decides what orders to make about the arrangements for your children and explains the reasons for their decision. Sometimes this will not happen on the same day as the full hearing because the judge may need more time to think about your case. In this situation you will be asked to come back to court another day. You won’t have to wait too long, maybe another week or so.

If you don’t turn up to the hearing, perhaps because you are feeling sick with nerves, it will usually still go ahead. To avoid this, try and get a friend to go with you. If you don’t go, it is likely that you will lose your case. If you have a good reason for not being able to get to court, it is really important that you phone the court office and ask them to get a message to the judge explaining the reason. The judge will then know that you are not simply avoiding the hearing. If you are genuinely too ill to attend court, you will have to provide a letter from your doctor to confirm this. You will need to tell the doctor that you have a court hearing as your doctor’s letter will need to be very clear about whether you are fit to attend court or not.

Getting ready for the hearing - a checklist

• Make sure you have done everything the court has asked you to do.
• Have you sent all the documents you were told to send to the court?
• Make clear easy to read notes of what you want to say at the hearing so that you can refer to it. This will help you remember the most important things you want to say. You may think that what you want to say on the day will just occur to you at the time. But you cannot rely on this.
• Think about and plan the questions you want to ask your ex.
• Get your papers organised.
• Have a summary ready of what you want the court to order.

For more detailed information on how to prepare for a final hearing, be sure to read Going to court when the other side has a lawyer and you don’t. The information will be useful even if your ex or the other person in your case does not have a lawyer.

A well-known barrister has written a book to help parents that you may find useful - The Family Court without a Lawyer and has made three short videos to help you see a court room. 

There are strict rules about who you can communicate with about your case.

Communication doesn’t just mean talking to someone. It includes, for example:

• talking
• texting
• tweeting
• blogging
• messaging
• videoing
• emailing
• posting information on a website or online forum
• posting information on Facebook – whatever your privacy settings - or via any other social media or online tool
• phoning
• publishing something in a newspaper, magazine or book
• writing and posting a letter

For information about who you can communicate with about your case outside court, see Sharing information outside of court in family proceedings.

A statement is a written summary explaining your view of the background to the disagreement between you and your ex, what has caused you to come to court, what you want the court to do and why you think this would be best for your children.

Buy our extended guide for more information about when you have to prepare a statement, an example of a statement and top tips to help you write one yourself.

Get some legal advice

Your statement, (if you are asked by the court to prepare one), is a very important part of the evidence the court receives. If you would like help on how to prepare your statement and other evidence you can get this from one of our panel of expert solicitors. In order to get advice from our panel at this fixed price you need to read our extended guide so that you can make the most of your time with a solicitor on our panel. For more on how to do this go to What evidence do you need to support your case?

A bundle is essentially an information pack. It pulls together all the information and evidence relevant to the case in one place and makes it easier to refer to information during the hearing. It can be a paper file or more commonly now, in electronic format. 

If the court asks you to prepare the bundle you need to do this and you must agree the contents with your ex. If your ex has a solicitor, it is likely the court will tell them to prepare the bundle, so you will need to agree the contents with them.

Find out more about how to do this and see an example in our extended guide. 

Emotional support 

Relate have lots of information on their website about a range of problems that can arise in relationships and families. 

Restored Lives is a charity supporting couples and parents going through separation and divorce. They have free online resources and run courses in the community and online. These are not free, but you can ask for support with the fee if you are on a low income or a student.

How to find a family mediator

Anyone can call themselves a family mediator, so it is important to choose someone you can be sure is well trained and experienced. 

A good way to find a registered mediator is to use the search tool provided by the Family Mediation Council to find one near you. All Family Mediation Council registered mediators must follow a code of practice to maintain good standards in their work. If you are interested, you can find the code of practice on the Family Mediation Council website. 

If you follow up on a recommendation from family or friends, be sure to just check the name on the Family Mediation Council website so you know that the person is registered and either working towards being an accredited mediator or is accredited. This will give you reassurance that the mediator you choose is trained and experienced.

All the mediators included on the Family Medication Council website have been trained by providers approved by the Family Mediation Council and most are also accredited, which means that they are experienced mediators. Not all mediators do Legal Aid funded mediation, but those who do must be accredited – you can search for them by ticking the middle box on the search tool.

For more help, take a look at Family mediation. 

How to find legal advice

Use our Affordable Advice service to discuss the most important bits of your case. See Getting started. 

For help finding a family lawyer a good place to start is Resolution where you can find lawyers by searching using your postcode. Resolution members must commit to helping you work out your legal problem in a non-confrontational way. A green tick below the lawyer’s name tells you that they offer legal aid.

You can also search for a specialist lawyer near you who has been accredited by the Law Society. This means they have a significant amount of experience and expertise and have passed a Law Society assessment - go to Law Society Find a solicitor page. You can also find a family legal aid lawyer via the GOV.UK website.

The Child Law Advice service provide free advice on all areas of English child and family law from the Child Law Advice Line on 0300 330 5480 Monday to Friday 10am - 4pm.

Rights of Women offers free, confidential legal advice for women in England and Wales on family law matters (for example, about domestic violence and abuse, divorce, cohabitation, finances and property on relationship breakdown, parental responsibility and arrangements for children and lesbian parenting). 

• For women in England and Wales, call 020 7251 6577. Line open Tuesday to Thursday, 7pm to 9pm, Fridays 12pm to 2pm (closed on public holidays). 
• For women in London, call 020 7608 1137. Line open: Mondays 10am - 12pm and 2pm to 4pm, Tuesdays 2pm - 4pm, Wednesdays 2pm - 4pm, Thursdays 10am - 12pm and 2pm to 4pm (closed on public holidays).

RCJ Advice family services include free legal advice delivered daily through legal appointments and FLOWS, a national domestic abuse legal service linking women to legal aid for family law. 

They may be able to help you if you:

• live in England or Wales,
• have a case in the Family Court, and
• are not already represented by a solicitor or barrister.

To book an appointment, please please check their website for latest appointment details. 

Direct access barristers - another way to get legal advice is to speak to a barrister who is qualified to represent members of the public directly (without a solicitor being involved). There are limits on what a barrister can do outside of representation at court but it is often a cheaper option if you just want to get some advice rather than have a solicitor to negotiate on your behalf. The details of appropriately qualified barristers and an explanation of the way the system works can be found at Direct Access Portal. 

Don’t be afraid to phone around to compare prices or see if you can find someone who will give you the first appointment for free. Try and get organised before you make any calls, so that you can answer questions about your case clearly.

Help at court or help with a court hearing by phone or by video call

Court staff may be able to explain court procedures and help you find a court form. They are not able to give you legal advice.

Support Through Court supports people going through the court process without a lawyer. Volunteers offer a free and confidential service at some court buildings. You can look at their website to see if they have an office at your local court. The volunteers aim to help you manage your own case yourself. They cannot give legal advice or act on your behalf, but can offer practical help such as going to your hearing with you and supporting you with your forms. They can also help you if your hearing is by video or phone, by talking you through the process and sometimes joining the hearing too. They run a free national helpline 03000 810 006, open Monday to Friday 10.30am - 3.30pm. This is a good place to start for information on what they can do to help you.

Child contact centres

Child contact centres provide neutral, safe, and child-friendly spaces where children and young people can spend quality family time with a parent they no longer live with, and other family members, following separation.

You can find more useful information at National Association of Child Contact Centres. They also provide a free information line - call 0115 948 4557 Monday to Friday 9am - 1pm.

Domestic abuse

Always dial 999 in an emergency. If you cannot speak when you call you may be asked to cough or tap on the phone or enter the numbers 55. The operator will then know you are there and in danger and transfer you to the police.

For support or to discuss your options you can call the National Domestic Abuse Helpline on 0808 2000 247 or in Wales, Live Fear Free on 0808 80 10 800. Both helplines are open 24 hours a day. 

Both help lines are for anyone who is experiencing, or has experienced domestic abuse, or for anyone who is worried about domestic abuse happening to a friend, family member or colleague. It is free, confidential and the number will not show up on a BT telephone bill.

If you are a man and you or your children are affected by domestic violence or abuse you can contact the Men’s Advice Line on 0808 801 0327 Monday – Friday 10am- 5pm.

The National Centre for Domestic Violence provides a free, emergency injunction service to survivors of domestic violence regardless of their financial circumstances, race, gender or sexual orientation. You can contact them on 0800 970 2070. Alternatively you can text 'NCDV' to 60777 and they will call you back.

Galop runs a national helpline for lesbian, gay, bisexual and trans people experiencing domestic abuse. You can contact them on 0800 999 5428. 

You can find more information and support from:

• Refuge 
• Women’s Aid 
• Welsh Women’s Aid 
• Surviving Economic Abuse

If you are worried about your own behaviour towards your current or ex-partner, or are you concerned for someone you know who is being abusive, help is available to stop this at Respect Phoneline, with non-judgmental advice and access to behaviour change programmes. Call 0808 8024040, Monday–Friday 10am-5pm.

Parenting help and support

Cafcass (Children and Family Court Advisory and Support Service) work with children and their families, and then advise the courts on what they consider to be in the best interests of individual children. They have lots free and useful information on their website for parents and children.

Gingerbread provides practical support and other help for single parents via their website. 

Coram Family Lives is a national charity providing help and support in all aspects of family life. Their helpline can give information, advice, guidance and support on any aspect of parenting and family life. Family Helpline: 0808 800 2222 Monday to Friday 9am-9pm, Saturday and Sunday 10am - 3pm. They also offer live chat, email and WhatsApp.

OnlyMums and Dads run a Family Separation Support Hub with information, articles, details of parenting courses and access to a directory of a range of professionals who can help with separation issues.

MATCH - mothers apart from their children is a charity that offers non-judgmental support and information to mothers apart from their children in a wide variety of circumstances -  [email protected].

Helpline: 0800 689 4104 9am- 1pm and 7pm-9.30pm, Monday - Friday.

Do I have to try mediation before applying for a child arrangements order?

You must go to a mediation information & assessment meeting (also called a MIAM for short) before applying for a child arrangements order. But this is not mediation. It is a meeting to help you understand more about your out of court options, including the mediation process. In some specific situations you do not have to go (for example, due to domestic abuse or emergency safety concerns). The court expects you to try to reach an agreement using some type of non-court resolution process – mediation is the most common type – unless it would not be safe or if the case is urgent. For more help on this go to the section called Before you can go to court. 

What is Form C100 used for?

Form C100 is the court used in England and Wales to apply to the family court for a child arrangements order, and in particular situations, other orders such as specific issue orders, and prohibited steps orders. You can fill in the application form online or on paper. For more on this go to the section called Going to court – the basics. 

How much does it cost to apply for a Child Arrangements Order?

The court fee is currently £270. If you are on a low income or receiving certain benefits (like Universal Credit), you can apply for help with fees, either online or via a paper form. For more help on this see Going to court – the basics.

What happens at the first court hearing (FHDRA)?

The First Hearing Dispute Resolution Appointment (FHDRA) is a 30-to-60 minute meeting (called a hearing) with a judge or magistrates. This is the first hearing and both you and the other person involved need to attend. The judge or magistrates will try and help you reach an agreement at this hearing if there are no serious safety concerns. If your dispute is not sorted out at this hearing, the court can make an order to involve Cafcass or a social worker from the local authority or another kind of expert if necessary. For more help on this stage, go to the section called The First Hearing Dispute Resolution Appointment. 

How long does a Child Arrangements court process take?

At the moment, on average it currently takes around 8 months for an application to go through the family court. When it comes to your case, it very much depends on how much you and your ex (or the other person involved) can negotiate on and try and agree. If one or both of you have raised safety concerns such as domestic abuse or drug and alcohol issues then it will take longer.

Acknowledgement (Form C7) 

The form the respondent uses to tell the court that they have seen the application about the arrangements for the children.

Acknowledgement of service 

The respondent ‘acknowledges service’ when they reply to the court (usually by filling in and returning Form C7) confirming that they have received the application about the children.

Allegation 

A claim that someone has done something wrong.

Applicant 

The name given to someone who applies to a court for a court order.

Application 

How you ask a court to do something.

Bundle 

An information pack that pulls together all the information and evidence relevant to the case in one place. It makes it easier to refer to information during a hearing.

C100 form

The application that starts the process of asking for an order about the arrangements for the children.

C2 form

If there is already a case about your children at court and you need to make an application in that case, you use this form, not the C100 form. 

C1A form 

The form to use if you need to tell the court about any harm or domestic abuse you say the children or you have suffered or are suffering due to the behaviour of the other person in the case. 

Cafcass 

Cafcass stands for Children and Family Court Advisory and Support Service. Cafcass operates in England.

Cafcass officers 

(sometimes also called family court advisers) – are specialist social workers whose job is to help parents agree the arrangements for their children (where this is possible) and write reports for the court about the needs of children.

Child arrangements orders 

An order which sets out the arrangements about who a child is to live, spend time or have contact with and when.

Confidential contact details Form C8 

The form you fill in if you don’t want to reveal your contact details (your address, telephone number, email address) or the contact details of your child or children. Form C8 is just for the court – so they know where you are and how to get hold of you. The information you give on it will be kept secret unless the court orders differently.

Directions on issue 

Instructions given at the very beginning of a case telling you what to do and when.

Dispute Resolution Appointment (DRA) 

A court hearing which takes place towards the end of the court’s involvement in your case. It gives you another opportunity to see if you can sort out your disagreement with the help of a judge.

File 

You file something at court, for example legal forms or documents, when you either take or send them to the court office.

First Hearing Dispute Resolution Appointment (FHDRA) 

The court hearing which takes place at the beginning of the court’s involvement in your case.

Hearing 

The name given to a meeting with a judge or magistrates.

Issue 

To officially start court proceedings.

Litigant in person 

This is what the law calls you if you represent yourself in court proceedings without the help of a solicitor or barrister.

Non-court dispute resolution (NCDR) 

The name given to different ways of sorting out your dispute outside the court process. There are various different methods including mediation and arbitration.

Notice 

A notice is an important court document. It is the way courts tell you what is going on and what you need to do next.

Notice of hearing 

This tells you that a court case has started and when and where your first meeting with a judge will take place.

Order for directions 

This is a list of instructions telling you what to do and when.

Party

This kind of ‘party’ isn’t about balloons and dancing. It’s a person or group of people forming one side in a dispute.

Proceedings 

Court action taken to settle a dispute.

Respondent 

This is the name given to the person or people you have to give a copy of your application for a court order to. A respondent can then reply (respond) to your application.

Serve 

The delivery of court documents, usually by post. In some circumstances, the courts also allow delivery by email.

Statement 

This is a written summary of the background to the disagreement, any recent events that have caused the application and what should happen in the future.

Statement of issues 

An issue is something you disagree about. A statement of issues is a brief summary of what you want the court to decide for you because you can’t agree them with your ex.

Disclaimer

The information in this guide applies to England and is for general purposes only. The law is different if you live in Scotland or Northern Ireland.

The law is complicated. We have simplified things in the guide to give you an idea of how the law applies to you. Please don't rely on this guide as a complete statement of the law or as a substitute for getting legal advice about what to do in the specific circumstances of your case.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements

This guide was written and produced by Advicenow. This version of the guide was updated thanks to funding from the Ministry of Justice via the Online Support and Advice Grant.

We would like to thank all those who provided feedback on this version of the guide.