Child Arrangements Orders under the Children Act 1989: applications, MIAMs/NCDR, service/without notice, safeguarding, allocation/gatekeeping, FHDRA/DRA, fact-finding, vulnerable witnesses and final orders (England and Wales)

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Procedural Guide: Applications for Child Arrangements Orders under section 8 Children Act 1989

This Procedural Guide outlines the procedural steps for applying under section 8 of the Children Act 1989 (ChA 1989) for a child arrangements order (CAO). It covers eligibility to apply, pre-action obligations including attendance at a mediation information and assessment meeting (MIAM), the court’s guiding principles, and provisions for non-court dispute resolution (NCDR). It also addresses service requirements and the criteria for without notice (ex parte) applications. Allocation, gatekeeping and safeguarding processes are explained, together with what may occur at the first hearing dispute resolution appointment (FHDRA) and the dispute resolution appointment (DRA), as well as the approach to fact-finding hearings, vulnerable witnesses and the final hearing.

A CAO is one of the orders available to the court under ChA 1989, s 8. It is an order concerning:

with whom a child is to live, spend time or otherwise have contact, and
when a child is to live, spend time or otherwise have contact with any person

The order can be made in favour of more than one person. When determining a CAO, the child’s welfare is the court’s paramount consideration...

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Web page updated on 20/05/2026

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