How to obtain a child arrangements order

This article sets out the progress of an application for parental responsibility and a child arrangements order made by an unmarried father. There are many different paths that such an application could take and this guide is intended as an overview.

This article was originally published on 22 April 2021 by Caroline Baluch and updated on 8 July 2024 by Seetal Jandoo.

Case study

John comes into Citizens Advice having split from his girlfriend Amy. John and Amy were together for 3 years and have a 3 year daughter Chloe. John says that the relationship was always rocky and that Amy registered Chloe’s birth without telling him and that his name is not on the birth certificate. John says he wanted Amy to enter into a parental responsibility agreement but she refused. John left the family home 4 months ago and is now back living with his mum. Initially, John was having Chloe stay with him at his mum’s on alternate weekends but when Amy found out that he has started dating a mutual friend there was a big argument and now Amy is refusing him any contact at all.

John is desperate to see Chloe. Attempts by John’s mum to try and mediate seem to have made matters worse and John wants to know what he can do. He says that he has had enough of Amy messing him around. John wants to know his rights and wants a court order so that he can see Chloe. John asks you to explain the court process from start to finish.

Talk to Amy

You can stress to John that on any application, the court will start off with the presumption that his involvement in Chloe’s life is better for her welfare, provided that involvement does not put her at risk of suffering some harm.

However, you should also stress to John how difficult the court process is and that even if he does go to court and gets the order that he wants, the reality is if Amy chooses to flout an order it can be really difficult to enforce. Child arrangements are more likely to be followed if both he and Amy have agreed to it, rather than having an order imposed. As such you should first discuss if there is any way he can try to resolve the matter without going to court, maybe by talking to Amy directly.

It would be sensible for John to try and maintain some contact with Chloe ( whilst he seeks to obtain the contact that he wants through the court or otherwise), even if the contact offered is not in the form or length that he would like. This is especially so given Chloe’s age and as such even a short interruption in contact will be significant for her. Further, maintaining some contact whilst the matter is being determined strengthens John’s case as it demonstrates his commitment and relationship with Chloe.

Keep a diary

Advise John to keep a diary to record:

• any contact that has taken place
• any contact requested and then refused
• any incidents that have occured around contact
• any key events.

Keeping this diary may help John later to recall events.

Get legal advice

If John is unable to reach an agreement with Amy then you should advise him to get some legal advice. Many solicitors offer free or reduced fees for a first appointment.Talking the matter through with a legal advisor is helpful as the advisor can help to identify issues that John needs to highlight on any future application. Details about consulting a solicitor can be found on Advisernet.

Attendance at a mediation information and assessment meeting (MIAM)

If John is still unable to resolve matters, the next step would usually be for him to be referred to meditation to attend a MIAM. John can find a mediator from the Family Mediation Council.

The mediator will contact both John and Amy and explain that John has contacted them and offer an appointment to them both, with a view to trying to resolve matters. Details of the mediation process and the costs can be found on Advisernet.

There are some exemptions to the requirement to attend a MIAM and these can be found in the form FM1.

As an alternative, John could go to Mediation MIAM before getting legal advice.

If mediation does not work what next?

If mediation is unsuccessful at resolving the issues, the mediator will sign a certificate to this effect and this certificate will then be attached to the court application. The certificate is a FM1.The effect of this certificate is that it will inform the court that mediation has not been effective or that the case falls within one of the exemptions.

Only at this stage can John make an application to the court. However you will need to explain to John that even after an application has been made to court, the court might adjourn or delay listing a hearing to encourage John and Amy to try to come to an agreement through mediation or through an alternative non-court dispute resolution.

What orders should John apply for?

John does not have PR as:

• he is an unmarried father
• his name is not on Chloe’s birth certificate and
• he does not have a parental responsibility agreement

You need to explain to John that parental responsibility is the right to have a say in Chloe’s upbringing.John should apply for a parental responsibility order.

John should apply for a child arrangements order setting out the time that Chloe spends with him. If John is granted a child arrangements order, for Chloe to spend time with him, the court must decide if he should also be given parental responsibility.

You should advise John that it is good practice to apply for both parental responsibility and a child arrangements order, the reason being that if the application for a child arrangements order is not granted, the application for parental responsibility can be considered in its own right.

What forms should John complete.

• John can apply for parental responsibility by completing a form — Form C1
• John should apply for a child arrangements order by completing a form -C100
• If it is alleged that Chloe has suffered or is at risk of suffering some harm a form C1a must also be completed
• If John wants to withhold his address from Amy he should complete the form C8

What should John say on the application?

John should:

• set out briefly in the form C100 and C1 why he is making the application.He should not do a full statement as this may be directed later.
• fill out his own details
• fill out Amy’s details
• fill out Chloe’s details
• If there have been any previous proceedings state what these are and which court and case number.
• If social services have any involvement with the family this should be detailed.

The court fee

There is a court fee, which at present is £255. The court fee can be checked on gov.uk

John is unlikely to be eligible for legal aid but details can be checked on advisernet.

If John is in receipt of certain benefits and has limited savings he may be able to get help with the payment of the court fee. Details can be found on gov.uk

How many copies should be sent to the court?

John needs to send:

• the original forms- which will be retained on the court file.
• a copy for Amy
• A copy for the Cafcass officer
• A copy for him .

Where should the application be sent?

The application should be sent to the family court. Details of the court to send the application to can be found on gov.uk

Can John submit the application online to the court?

The court is encouraging people to use the online portal system for applying for child arrangements orders however, this is not yet available for applications for a parental responsibility order. John should therefore use the paper procedure.

If John were just applying for a child arrangements order, for example if he already had parental responsibility, then he could use the online procedure which can be found on gov.uk

What happens when the forms get to court ?

Once received at court the application will go through gatekeeping with a legal adviser or district judge who will review the case and list the matter. Usually all applications are listed to be heard by lay justices, at least in the first instance.

In most cases the court will set a date for a directions or FHDR hearing ( First Hearing Dispute Resolution Appointment). Depending on where the application was issued the case may be moved to a court nearer to where Chloe lives.

Who will get what?

The court will send to Amy:

• a copy of the applications
• a form C6 Notice of the Proceedings which will be endorsed with the date of the hearing
• a leaflet explaining the hearing and
• an answer form.

The court will send to John:

• the application form returned
• a form C6 Notice of the Proceedings which will be endorsed with the date of the hearing
• a leaflet explaining the hearing

Cafcass and safeguarding checks

The application will be sent to Cafcass to do safeguarding checks to see if there are any safety concerns re John, Amy or Chloe. You should inform John that in order to do these checks Cafcass will consult with local authorities and carry out police checks.

Cafcass will also call John and Amy to undertake a risk identification interview and also to try to establish what their respective positions are. Cafcass will record their findings in a safeguarding letter to the court and if possible make recommendations to the court as to the way forward.

It is important to advise John to co- operate with the Cafcass officer who is appointed as their opinion is valued by the court.

What happens at the First Hearing Dispute Resolution Appointment (FHDR)

Amy should complete the acknowledgement form indicating if she agrees to John’s application or not and this should be sent to him and the court.

The FHDR should take place within 5 weeks of the issuing of the application. The hearing could be held remotely depending upon the court.

John and Amy should attend the hearing and the Cafcass officer should also attend.

The purpose of the FHDR is for the court to identify the issues and see if it is possible for John and Amy to reach agreement. If settlement is not possible the court will identify the issues and give directions for the progress of matters.

You need to advise John that there are various paths the case could take, which will vary depending on the particulars of each case.

At the first hearing, some of the directions that the court could make are as follows:

• that John and Amy each file a statement, if this is the case it is very important that John follows what points the court have directed him to deal with.
• for Cafcass to file a report dealing with issues that the court directs.
• for there to be fact finding hearing.
• if there are going to be ongoing hearings should there be interim orders for example for contact.
• for expert evidence to be obtained, for example from a medical expert of drug or alcohol testing.
• whether the case should continue to be heard by lay justices or moved to a higher court.

Domestic abuse

John should be warned that, if there are claims of domestic abuse in the case, the proceedings could lengthen in time and complexity.

The reason for this is that the court must at all stages of the proceedings consider whether domestic abuse is an issue and if so must then at the earliest opportunity

• identify the factual and welfare issues involved
• give suitable directions

If an allegation is made of domestic abuse that is disputed, this could result in the court making a direction for a fact finding hearing.This hearing would be for the court to determine the allegations made. The Court can hear evidence and at the conclusion give further directions for the progress of the matter. If the claims are established these directions could include

• a report on risk
• a direction to attend a DVPP ( Domestic Violence Perpetrator Programme)

The court will only make an order for contact if satisfied that Chloe and the parties will be physically and emotionally safe before, during and after contact.

Statements and other evidence.

It is essential that John follows carefully any orders made by the court. Directions order may contain strict deadlines regarding the filing of further evidence and what this evidence should be.

No statements or other evidence should be filed unless it is with the permission of the court. (unless it was filed in support of a without notice application).

If John wants to file some evidence then he should make representations for this soon as possible and usually at the first court hearing.

If John wants an expert to be appointed to prepare a report he should ask the court’s permission for this at the earliest possible hearing and follow the procedure in Family Proceedings Rules 2010 Practice Direction 25C. Usually any expert appointed would be as a single joint expert. Typical examples of an expert maybe for drug or alcohol testing on one party.

If the court directs that John file a statement then it may direct him to the witness statement template. John can use this to help him prepare the statement.

Dispute Resolution Appointment

Once the court has received the evidence it requires to determine the matter it may hold a Dispute Resolution Appointment. The purpose of the hearing is to see if the matter can be resolved and if not to try and narrow the issues and then give final case management directions for a final hearing.

What is a court bundle and who prepares it?

The court rules state that an indexed bundle of documents should be prepared and available for the court to use at any hearing. This bundle will include all the important documents in the case for example the applications, orders and any statements, expert reports and other evidence.

Generally it is the responsibility of the Applicant to prepare the bundle. However, if Amy is legally represented and John is not, then Amy’s solicitors should prepare this but agree to the contents with John. If both John and Amy are unrepresented neither are required to prepare a bundle unless directed to do so by the court.

There are rules regarding the content and size of the bundle and when it should be prepared. These rules are set out in Family Procedure Rules 2010 Practice Direction 27A

The Final hearing

You should advise John that at the final hearing both he and Amy could be required to give evidence and can be cross examined by the other side. John should make sure he reads any statements he has made before the hearing as he may be referred to them. The Judge who conducts the matter may direct questions to John to clarify certain points.

After the hearing the judge will give a judgment, however sometimes this judgment is not given immediately but may be put off till later or another day depending on court time. The actual order is typed and will be given to both John and Amy.

The court’s order

If the court grants John’s application he will receive a parental responsibility and child arrangements order.

Caroline Baluch was previously a Family Law Expert in the Expert Advice team at Citizens Advice.

Seetal Jandoo is a Family Law Expert in the Expert Advice team at Citizens Advice.

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