Making child arrangements if you divorce or separate
Apply for a court order
A court order is a legally binding decision made by the court. It sets out the child arrangements that you and your ex-partner must follow.
There are different rules for making child arrangements in Scotland and Northern Ireland.
Who can apply
You can apply for a court order if you have parental responsibility. For example, you’re the child’s mother or father.
You can also apply if you’re another relative of the child, such as a grandparent, aunt or uncle.
How long it takes to get a court order
It usually takes around 10 months to get a court order, depending on where you live and your situation.
You may want to consider mediation or other ways of getting help to agree without going to court. These can be quicker.
Before you apply
You may need to go to a meeting before applying to court. This is called a Mediation Information and Assessment Meeting (MIAM).
At this meeting, a mediator will explain how mediation works, discuss your situation and help you decide if mediation is right for you. They may also explain other ways you can agree on child arrangements without going to court.
You can usually get a voucher worth up to £500 towards the cost of mediation.
If you attend a MIAM but your ex-partner does not, you can still apply to go to court.
Find out more about mediation including how to book a MIAM and get the voucher.
Who does not have to go to a MIAM
You will not usually need to go to a MIAM if one of the following applies:
- you’ve been to a MIAM or tried other ways of agreeing without going to court in the last 4 months
- you have evidence that you’re a victim of domestic abuse
- you’re applying for a consent order
- your children are at risk of harm, for example social services are involved in their care
- you cannot go to a MIAM because of your location, situation or the mediator’s availability
- you’re applying for a ‘without notice hearing’ (a hearing which happens without the other person being told)
- the application is urgent, for example, you or your child are in danger
Find out more about who does not have to go to a MIAM, including the evidence you’ll need to show and how the court decides which applications are urgent.
Check which court order you need
The type of court order you need depends on what you cannot agree on.
You can apply for more than one type of court order.
The court will only make an order if it’s what’s best for your child.
If you already have a court order in place you can change or enforce it. For example, if your ex-partner is not following it.
Consent order
If you’ve agreed on child arrangements with your ex-partner, you can apply for a consent order to make the agreement legally binding.
The consent order needs to be signed by both parents and can include details about how your child is looked after. A judge or magistrate will review and decide whether to confirm the order.
You do not usually have to attend court.
Child arrangements order
A child arrangements order is when the court decides where your child lives, who they’ll spend time with and whether other types of contact will take place, for example phone calls.
Specific issue order
You can ask the court to help you agree on a specific issue, for example where your child should go to school.
Prohibited steps order
A prohibited steps order stops your ex-partner from making any permanent decisions about your child’s upbringing. For example, taking your child out of the country.
Get help from a legal adviser
A legal adviser can help you to apply for a court order. They can also tell you how much legal advice may cost. Some legal advisers offer free one-off consultations.
You may be able to get legal aid to help pay for a legal adviser in court. For example, if you’re on a low income or have evidence that you’re a victim of domestic abuse.
Some charities can help you find a legal adviser. You can contact Advocate if you cannot afford one and do not qualify for legal aid.
If you do not have a legal adviser
You can represent yourself in court without a legal adviser.
To get help, you can contact:
- AdviceNow - find guidance on how things work in a family court
- Support Through Court - a free service that explains the court process and can help you apply for a court order
- Citizen’s Advice - get free or affordable legal advice
How much it costs to apply
It costs £263 to apply for a court order. You may be able to get help paying court fees if you’re on benefits or a low income.
You’ll need to pay any costs for a legal adviser separately.
Apply online
You can save and return to your application later. You have 28 days to complete it once you’ve started.
Other ways to apply
You can also apply by post. Fill in the C100 form.
You’ll need to send the court your original C100 form and 3 copies. Find your nearest family court.