Child arrangements checklist for parents representing themselves

When parents cannot agree where a child should live or how much time they should spend with each parent, either parent can apply to the Family Court for a child arrangements order. Many parents in these cases represent themselves. The court process is designed with that in mind, and the focus is always on the child's welfare rather than on who is right or wrong between the adults.

This checklist explains the usual stages, what to prepare at each one and when a family barrister can help.

Before you apply

• Try to agree arrangements directly if it is safe to do so. A written parenting plan can help.
• Attend a MIAM (Mediation Information and Assessment Meeting) unless an exemption applies, such as domestic abuse, child protection concerns or urgency.
• Consider mediation. It is often quicker, cheaper and less stressful for the child.
• Think about what you actually want the court to order. Be specific: which days, which holidays, handovers, contact by video.
• Keep a factual record. Dates of contact, missed handovers, relevant messages. Stick to facts rather than opinions.

Making the application

• Apply on Form C100, usually online. A court fee applies, though help with fees may be available.
• If there are allegations of domestic abuse or harm, complete Form C1A as well.
• If urgent protection is needed, explain why the application is urgent.

Cafcass safeguarding checks

• After the application, Cafcass (or Cafcass Cymru in Wales) will carry out safeguarding checks, usually including a telephone call with each parent.
• Be honest and child-focused in that call. Raise any genuine safety concerns.
• Cafcass sends a safeguarding letter to the court before the first hearing.

The first hearing (FHDRA)

The First Hearing Dispute Resolution Appointment is the first court hearing.

• Read the Cafcass safeguarding letter when you receive it.
• Prepare a short note of what you are proposing and why it is in your child's best interests.
• Be prepared to negotiate. Many cases reach at least partial agreement at this stage, sometimes with the help of a Cafcass officer at court.
• The judge may make interim arrangements, order a further Cafcass report (a section 7 report), order a fact-finding hearing, or direct attendance at a Separated Parents Information Programme.
• Write down every direction and date.

Statements and reports

• If the court orders witness statements, write in the first person, in numbered paragraphs, and include the statement of truth.
• Focus on the child: their routine, schooling, health, wishes and feelings (as appropriate for their age), and how your proposal meets their needs.
• Avoid criticising the other parent unless it is directly relevant to the child's welfare.
• Read the section 7 report carefully when it arrives. The court gives significant weight to Cafcass recommendations.

Fact-finding hearings

If there are serious disputed allegations, for example domestic abuse, the court may hold a separate fact-finding hearing.

• These hearings involve evidence and cross-examination and can be complex.
• If you are an alleged victim or alleged perpetrator, the rules restrict direct cross-examination between the parties in some circumstances, and a court-appointed qualified legal representative may be involved.
• This is one of the stages where legal representation matters most.

Dispute resolution appointment and final hearing

• After reports, there is usually a Dispute Resolution Appointment to see whether agreement is possible.
• If not, there is a final hearing where witnesses give evidence and the judge decides.
• Prepare your questions for the other parent and any professional witnesses.
• Bring the bundle, your notes and a calm, child-focused summary of your position.

Throughout the case

• Keep the child out of the dispute. Do not discuss the case with them or ask them to choose.
• Comply with any interim order, even if you disagree with it.
• Keep communication with the other parent civil and in writing where possible.
• Look after yourself. These cases are emotionally exhausting.

When to involve a family barrister

You can instruct a family barrister directly through the Public Access scheme, without a solicitor, for the parts of the case where you need support. It is especially worth considering when:

• there are allegations of domestic abuse or harm, or a fact-finding hearing is listed;
• the other parent wants to relocate with the child, within the UK or abroad;
• there are international elements, such as a risk of a child being taken overseas;
• the section 7 report recommends something you strongly disagree with;
• the case is going to a final hearing;
• the other parent has legal representation;
• you want an advice on your proposals before the first hearing.

A family barrister attending a day's hearing usually costs from about £1,000, and often more depending on experience and complexity. A conference or written advice to help you prepare can cost much less, and you will always be quoted before you commit. Legal aid may be available in some cases, particularly where there is evidence of domestic abuse.

Clerk&Counsel helps parents find suitable independent family barristers. Submitting an enquiry is free. If you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's fee before you decide. Request availability and a quote.

Clerk&Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. This checklist is general information only. If a child is at immediate risk, contact the police.