We cannot agree where the children should live. How do we get a court order?

Short answer

If parents cannot agree arrangements for their children, either parent can apply to the Family Court for a Child Arrangements Order (CAO). A CAO sets out with whom the child lives and spends time. The court's paramount consideration is the welfare of the child — not the wishes of either parent.

Before applying, most parents must attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation can resolve the dispute. Exemptions exist for domestic abuse, urgency, and some other circumstances. The application form is C100 (or C1 for special guardianship).

1 The rule

Child arrangements orders are governed by

The court applies the "welfare checklist" in s.1(3) — considering the child's wishes and feelings, physical and emotional needs, likely effect of change, age and background, risk of harm, and the capability of each parent to meet the child's needs.

2 What you can do now

1. 01
   Attend a Mediation Information and Assessment Meeting (MIAM)

   Before filing a court application, you must attend a MIAM with an accredited mediator unless an exemption applies. The mediator will explain whether mediation is suitable and can help you explore alternatives to court. Find an accredited mediator through the <a href="https://www.familymediationcouncil.org.uk/" target="_blank" rel="noopener noreferrer">Family Mediation Council</a> or via <a href="https://www.gov.uk/find-a-legal-adviser" target="_blank" rel="noopener noreferrer">GOV.UK's legal adviser finder</a>. If mediation is agreed to but breaks down, you will receive a signed MIAM certificate which you attach to Form C100.

2. 02
   Complete Form C100 and any supporting forms

   Form C100 is the main application form for a Child Arrangements Order. If you have safety concerns about the child or there is a risk of international child abduction, complete Form C1A (allegations of harm and domestic abuse). Download both forms from <a href="https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-or-specific-issue-order" target="_blank" rel="noopener noreferrer">GOV.UK</a>. Complete the form carefully — inaccuracies can delay the case. Include the child's full name, date of birth, current address, and details of any existing court orders.

3. 03
   File the application at the Family Court and pay the fee

   File Form C100 (and C1A if applicable) at your local Family Court. The court fee is £232 (2026). If you are on a low income or receiving certain benefits, apply for a fee remission using Form EX160. On receipt the court will issue the application and send a copy to the other parent (the respondent) with notice of the First Hearing Dispute Resolution Appointment (FHDRA), usually listed within four to eight weeks.

4. 04
   Attend the First Hearing Dispute Resolution Appointment (FHDRA)

   At the FHDRA, a judge or legal adviser reviews the case. CAFCASS (the Children and Family Court Advisory and Support Service) will have carried out safeguarding checks and will provide a report to the court. The FHDRA aims to identify the issues, explore whether agreement can be reached, and decide what further steps are needed. If agreement is possible, a consent order can be made at this stage. If not, the court will give directions for a full hearing, which may include ordering a CAFCASS Section 7 report (a welfare report) or expert evidence.

5. 05
   Attend the final hearing and comply with the order

   If no agreement is reached at earlier stages, the case proceeds to a final hearing where each party gives evidence and the judge makes an order. The judge applies the welfare checklist in Children Act 1989, s.1(3). The order will specify with whom the child lives (a "lives with" order) and the arrangements for time with the other parent (a "spends time with" order). A parent who breaches a CAO without reasonable excuse can face enforcement proceedings under s.11J of the Act, including unpaid work requirements or a fine.

3 When this does not apply

• Urgent applications (e.g. risk of child abduction): apply on Form C100 with a C2 (request for a hearing) and ask the court to list it urgently — sometimes the same day.
• Domestic abuse: the MIAM requirement is waived. The court must consider whether a non-molestation order or occupation order is also needed.
• Parental responsibility: an unmarried father who is not on the birth certificate may need to apply for parental responsibility (Form C1) alongside or before the CAO application.
• International element: if there is a risk the child may be taken abroad, apply for a prohibited steps order to prevent removal. Passports can be surrendered by court order.

4 Common questions