What are Child Arrangement Orders
Understanding Children Act Matters: A Parent-Friendly Guide to the Court Process
When relationships break down, the most difficult questions are often about the children.
Who will they live with? How often will they see each parent? What happens if parents cannot agree?
In England and Wales, these issues fall under the Children Act 1989, the cornerstone of children’s law. Whether you’re going through separation or supporting someone who is, understanding Children Act matters can help you feel more informed and less overwhelmed.
This blog breaks down the key ideas in clear, plain English.
The Children Act: Putting Children First
The Children Act is built around one central message:
A child’s welfare is the court’s paramount consideration.
That means the court looks at what is best for the child, not what either parent believes is “fair.”
To help judges make consistent decisions, the law includes the Welfare Checklist — a list of factors courts must consider when deciding what will best support a child’s safety, stability, and development.
What Types of Orders Can the Court Make?
The most common types of applications under the Children Act are:
Child Arrangements Orders (CAOs)
These decide:
Where the child lives
Who they spend time with
How often they see each parent
These replaced the older labels of “custody” and “access.”
Specific Issue Orders
Used to resolve a particular dispute, such as:
Which school the child should attend
Whether they can travel abroad
Medical treatment decisions
Prohibited Steps Orders
These stop a parent from doing something, such as:
Taking a child abroad without consent
Changing a child’s surname
Moving them to a new school
Do You Have To Go to Court? (MIAM Explained)
Before applying to court, most parents must attend a MIAM — a Mediation Information and Assessment Meeting.
The meeting:
explores whether mediation can help
gives parents information about dispute resolution options
can save time, stress, and money
If mediation is unsuitable (for example, because of domestic abuse, risk, or urgency), the case can move straight to court.
What Happens After You Apply?
Once an application is made, CAFCASS becomes involved.
CAFCASS Safeguarding Checks
Before the first hearing, CAFCASS:
speaks to each parent
carries out background checks
prepares a short safeguarding letter
This helps the court understand any risks early on.
The First Hearing Directions Resolution Appointment(FHDRA)
At this initial hearing:
the judge identifies what issues need resolving
parents are encouraged to agree where possible
the court decides if more evidence or reports are needed
Sometimes, cases settle here. Others progress to further hearings.
Fact-Finding Hearings: When Allegations Need Testing
If there are allegations of abuse, violence, or harmful behaviour, the court may list a Fact-Finding Hearing.
Here the judge decides:
what happened
what level of risk exists
what protective measures are needed
Only after establishing the facts can the court make safe, informed decisions about the child’s long-term arrangements.
Section 7 Reports: Independent Insight into the Child’s Needs
The court may ask CAFCASS or the local authority to prepare a Section 7 Report.
This includes:
interviews with parents
meetings with the child
a recommendation to the court
Judges are not bound to follow CAFCASS recommendations, but they carry considerable weight.
The Court’s Goal: A Safe, Long-Term Solution
The final decision will be based on the Welfare Checklist, considering factors like:
the child’s wishes
their emotional and educational needs
risk of harm
the effect of changes
each parent’s ability to meet their needs
Ultimately, the court aims to create a stable, supportive arrangement that allows the child to thrive.
The “No Order Principle”: Less Is Often More
The Children Act includes a powerful concept:
The court should only make an order if it is better for the child than making no order at all.
This supports cooperative parenting and encourages parents to work together where safe to do so.
Final Thoughts
Navigating Children Act proceedings can feel daunting—but you’re not alone. Understanding the process and the principles behind it can make a huge difference to how empowered you feel.
The Children Act is designed to protect children and ensure decisions reflect their best interests, not parental conflict. With the right information and support, many parents find that disputes become easier to manage and solutions clearer to reach.
