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Child Law · Child Arrangements

Consent Order Child Arrangements: Making Your Agreement Binding

A consent order for child arrangements turns an agreement you have already reached about your child into a binding court order. You do not need a contested court fight. We draft the order, deal with the court for you, and where there has been domestic abuse we make sure the court has the safeguarding information it needs, so your arrangement is secure and your child is protected.

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What is a consent order for child arrangements?

A consent order for child arrangements is a court order that makes an agreement you have already reached about your child legally binding. It sets out where the child lives and how they spend time with each parent. Because you both agree, the court can usually make it without a contested hearing. It is a child arrangements order under section 8 of the Children Act 1989, made by consent rather than after a dispute.

This is the right route when you and the other parent have reached agreement and want it made official and enforceable. Where you cannot agree, the court decides instead, which is dealt with in contested proceedings. If an order is already in place and needs changing, that is a variation of an existing order.

Why turn your agreement into a consent order?

An informal agreement, even a written one, is not enforceable on its own. Making it into a consent order gives it the force of a court order, which matters especially where there has been abuse or a difficult relationship.

  • It is legally binding and enforceable, so the arrangement cannot simply be ignored or changed at will.
  • It removes uncertainty that an abusive person could use to renew contact, reopen arguments or apply pressure.
  • It gives your child a clear, settled routine that both parents must follow.
  • It records everything in one clear document, which reduces the risk of future disputes.

The welfare test and the no-order principle

The court's first and paramount concern is your child's welfare, under section 1 of the Children Act 1989. Before making any order it weighs the welfare checklist, which includes your child's needs and wishes, the likely effect of any change, any risk of harm, and each parent's ability to meet the child's needs.

There is also the no-order principle in section 1(5). The court will make an order only where doing so is better for the child than making no order at all. This sometimes surprises parents who have agreed, because the court may decide a formal order is not needed. Where there has been domestic abuse, however, a clear and binding consent order is often exactly what protects the child, and we set out for the court why it is needed in your case.

Mediation, MIAM and domestic abuse

Before applying for a child arrangements order you would normally attend a Mediation Information and Assessment Meeting, known as a MIAM. It is a short meeting to consider whether mediation could resolve matters without going to court.

Where there has been domestic abuse, you do not have to do this. Domestic abuse is a recognised exemption from the MIAM requirement under the Family Procedure Rules, so you are not required to sit in mediation with someone who has harmed you. We deal with the exemption and the evidence it needs, so this does not fall on you.

If you have experienced domestic abuse, you will not be forced to negotiate face to face with the other parent. Under Practice Direction 12J the court must take domestic abuse into account, even where the arrangements are agreed, and will not expect you to take part in a process that is not safe. Where appropriate we raise safeguarding with the court through the C1A form. For free and confidential support at any time you can call the National Domestic Abuse Helpline on 0808 2000 247. In an emergency always call 999.

How the process works, step by step

Getting a consent order for child arrangements is far simpler than a contested case, because there is no dispute for the court to resolve. These are the main stages.

1. We check the agreement is right and safe

We look at what you have agreed and at your history, including any domestic abuse, and advise honestly whether a consent order is the right and safe route for your child.

2. We deal with the MIAM or exemption

In most cases a MIAM is needed before applying. Where there has been domestic abuse the exemption usually applies, so you are not required to mediate. We handle the paperwork and the evidence.

3. We draft the order and file it by consent

We turn your agreement, or a parenting plan, into a clear draft order and file it with the court on Form C100 by consent. Where there has been abuse, we set out the safeguarding information through the C1A form.

4. The court considers and makes the order

The court checks the arrangement is in your child's best interests and applies the no-order principle. Cafcass carries out safeguarding checks. If the court is satisfied, it makes the order, usually without a contested hearing.

How we help

Our family solicitors take your agreed arrangements and make them binding, with care for your safety at every step.

  1. 1

    An honest first assessment

    We listen in confidence, look at what you have agreed and at any abuse, and tell you whether a consent order is right for your situation, or whether another route fits better.

  2. 2

    Handling mediation and exemptions

    We deal with the MIAM requirement and, where domestic abuse applies, the exemption, so you are not pushed into mediating with someone who has harmed you.

  3. 3

    Drafting and filing your order

    We draft a clear consent order for your child arrangements and file it by consent, and where there has been abuse we set out the safeguarding information the court needs to see.

  4. 4

    Seeing it through to a sealed order

    We deal with the court and Cafcass and keep your case moving, through to a sealed, binding child arrangements order you can rely on.

What is included in our service

  • A confidential assessment of your agreement and your situation
  • Advice on whether a consent order, contested proceedings or a variation fits your case
  • Handling the MIAM requirement and the domestic abuse exemption
  • Drafting your consent order for child arrangements and any parenting plan
  • Filing your application by consent, with safeguarding disclosed where there has been abuse
  • Dealing with the court and Cafcass through to a sealed order

This work is usually privately funded, and we offer a clear fixed fee so you know the cost from the start. Legal aid for private children matters is limited. It is generally available only where there is evidence of domestic abuse or a risk of harm to a child, and it is means and merits tested. We will tell you honestly whether you may qualify, and we set out any fee clearly and in writing before any work begins. There is no charge for an initial phone consultation to talk things through.

Common questions

A consent order for child arrangements is a court order that makes an agreement you have already reached about your child legally binding. It sets out where the child lives and how they spend time with each parent. Because you both agree, the court can usually make it without a contested hearing.

You do not go through a contested court battle, but the order is still made by the court, which is what makes it binding. You apply on Form C100 by consent. In most cases the judge deals with it on the papers, so neither of you usually needs to attend a hearing.

Not automatically. Under the no-order principle in the Children Act 1989, the court makes an order only where doing so is better for the child than making none, and your child's welfare comes first. We set out why an order is needed, which is often clear where there has been domestic abuse.

Usually you attend a MIAM, a short meeting about mediation, before applying. Where there has been domestic abuse an exemption applies, so you are not required to mediate with the other parent. We deal with the exemption and the evidence it needs on your behalf.

The court fee for a C100 application is £270, and Help with Fees may reduce or remove it if you are on a low income. On top of that is our fixed fee for drafting and filing, which we agree with you in writing before any work starts. The initial phone consultation is free.

An agreed order is much quicker than a contested case, because there is no dispute for the court to resolve. Timescales vary between courts, but many agreed orders are made within a few weeks to a couple of months, once the safeguarding checks are complete.

Yes. If your circumstances change, a child arrangements order can be varied. You would apply to change the existing order rather than start again. Where there has been abuse and the arrangement is no longer safe, we can help you ask the court to vary the order.

Last updated: June 2026.