Last updated: July 2026
by Jess Knauf, Co-Founder, Family Law Service. Reviewed by Belinda Atkins, Managing Director, Family Legal Ltd. Information is current as of 27 July 2026.
Quick Summary
- It turns an agreement about where your children live, and when they see each parent, into a legally binding court order.
- You apply on the C100, tick the box confirming it is a consent application, and attach your signed draft order. The court fee is £270 as of July 2026.
- No MIAM is needed for a consent application, one of the few times that requirement falls away.
- It works very differently to a financial consent order: children orders can be changed later, and the child’s welfare is the test, not fairness between the adults.
- The court will not make an order unless it is better for the child than making none, so many parents are better served by a parenting plan.
Consent Order Child Arrangements
A consent order child arrangements application asks the family court to approve, without a contested hearing, the arrangements two parents have already agreed for their children. It is made under section 8 of the Children Act 1989 on form C100, and once sealed by a judge it is enforceable in the same way as any other child arrangements order. Unlike a financial order, it can be varied later if your children’s needs change.
If you and your ex have already worked out where the children will live and how the weeks will run, a consent order child arrangements application is how you give that agreement legal weight. The trouble is that almost everything written about consent orders is really about money: the house, the pensions, the savings. That is a separate process, with its own form, its own fee and a very different set of rules.
So parents apply the wrong logic to their children’s arrangements. They assume the order is final, or that they need a MIAM certificate first. Neither is right. This guide sets out how child arrangements consent orders work, how they differ from the financial version, and how to judge whether you need one at all.
What Is a Consent Order for Child Arrangements?
A child arrangements order is the court order that sets out who a child lives with, and when they spend time with the other parent. It replaced the old language of custody and access back in 2014, although the phrase still gets used everywhere. If you want the wider picture of how the modern system works, our guide to child custody after divorce walks through the terminology and the patterns families most often settle on.
The word “consent” simply describes how you get there. Instead of one parent applying and the other defending, you both agree the terms in advance, put them in a draft order, sign it, and ask a judge to approve it. There is no argument to decide, so in most cases there is no hearing either.
What a child arrangements consent order can cover
- Living arrangements: who the children live with, including shared care patterns such as week on, week off, or a 5-2-2-5 rota
- Time with the other parent: overnights, weekday tea times, pick-ups and drop-offs, and who does the travelling
- Holidays and special days: school holidays, Christmas, birthdays, Mother’s Day and Father’s Day
- Indirect contact: video calls, phone calls and messages, and how often
- Related section 8 orders: a specific issue order (for example, which school) or a prohibited steps order (for example, no relocation abroad) can be agreed in the same application
How Consent Order Child Arrangements Differ From Financial Consent Orders
This is where most confusion starts. The two orders share a name and almost nothing else. A financial consent order is designed to end things. A children order is designed to be revisited.
| Financial consent order | Child arrangements consent order | |
|---|---|---|
| Legal basis | Matrimonial Causes Act 1973 | Section 8, Children Act 1989 |
| Form used | Form A by consent, plus a Form D81 statement of information and the draft order | Form C100, marked as a consent application, plus the signed draft order |
| Court fee | £62 | £270 |
| Do you need to be divorcing? | Yes, you need a conditional order first | No, it is open to unmarried parents too |
| What the judge tests | Whether the split is fair between two adults | Whether it serves the child’s welfare, which comes above everything else |
| Can it be changed later? | Rarely, and a clean break shuts the door for good | Yes, either parent can apply to vary it as children grow |
| How long it lasts | Permanent once sealed | Living arrangements usually to 18, time spent usually to 16 |
The fee gap surprises people. The consent order that divides a house and a pension costs £62 to lodge, while the one about your children costs £270, because children applications carry the same fee whether they are agreed or bitterly fought. Both figures rose on 13 July 2026 and are current as of July 2026, per the Ministry of Justice fee announcement. If money is tight, you may qualify for help with court fees.
One more difference worth holding on to. A financial order is meant to be the last word, which is why our fixed-fee clean break service is built around getting it right first time. A children order is a snapshot of what works for a five year old, and five year olds become teenagers with opinions of their own.
Do You Actually Need One?
This question gets skipped far too often, and it matters, because the law itself asks it. Section 1(5) of the Children Act 1989 says the court must not make an order unless doing so would be better for the child than making no order at all. It is known as the no-order principle, and it means a judge can decline to seal a perfectly sensible agreement on the basis that you two are already managing without one.
An order earns its place when something concrete is riding on it: a history of last-minute changes, an international element, or one parent who needs to know the pattern cannot be torn up without notice. If you are simply organised people who like things written down, a free parenting plan does the same job without the cost or the formality, and if you do apply later the court expects it to be sent in with the C100.
Mediate UK
Almost Agreed, But Not Quite There?
If a couple of sticking points are holding up your agreement, our sister company Mediate UK can help you settle them before you draft anything. Cases involving children may qualify for the government’s family mediation voucher, worth up to £500 per family, and it is not means-tested.
“We see a lot of parents who assume an order is the obvious next step once they have agreed. Often it is not. If you are both sticking to the plan and talking reasonably well, a court order can add a layer of formality you do not need, and £270 you did not have to spend. Where it genuinely earns its place is where one parent needs to know the arrangement cannot be rewritten on a Friday afternoon.”
Jess Knauf, Co-Founder, Family Law Service
How to Apply for a Consent Order for Child Arrangements
Step 1: Write the agreement down properly
Vague wording is the most common reason these orders cause trouble later. “Reasonable contact” means one thing in June and something else entirely the following January. Name the days, the times, the handover point and who is responsible for the journey. Say what happens in an odd year and an even year for Christmas.
Step 2: Complete the C100
The C100 is the standard application for a section 8 order. There is a question near the start asking whether you are applying for an order by consent, and ticking it changes what the rest of the form asks of you. Mark the application clearly as a consent order so the court’s gatekeeping team routes it correctly.
Step 3: Skip the MIAM
Normally you cannot bring a children application without attending a Mediation Information and Assessment Meeting, a short meeting with an accredited mediator to look at the options outside court. Consent applications are the exception. Paragraph 8.3 of Practice Direction 12B confirms that where the application is for a consent order there is no requirement to attend a MIAM, and no need to claim an exemption either.
Step 4: File everything together
Send the C100, the draft order signed by both parents, any parenting plan you have prepared, and the £270 fee to your local family court. Most consent applications are then dealt with on the papers, without either of you attending.
Want the C100 Completed for You?
The form runs to more than 20 pages and small errors get applications sent back. Our fixed-fee service completes it accurately from the details you give us, so you can file with confidence.
What the Court Checks Before Approving It
Agreement between two parents is not a rubber stamp. The judge’s duty is to the child, and the welfare principle in section 1 of the Children Act 1989 puts the child’s interests above what the adults have negotiated. In practice a legal adviser or judge will read the draft and ask whether it is workable, specific enough to be enforced, and appropriate for the children’s ages.
The court will also usually run basic safeguarding checks through Cafcass, which involves police and local authority checks on both parents. Consent applications are generally granted on the papers once that safeguarding letter comes back clear. If something is flagged, the court can list a hearing even though you agree, and at that point our Cafcass preparation meeting is worth considering.
A real example, names changed
Dan and Priya agreed a week on, week off pattern for their two boys within a month of separating. Neither wanted a fight. Dan’s job, though, meant a possible move to Scotland, and Priya wanted the arrangement fixed before that was discussed. They drafted the order themselves, we completed the C100, and it was sealed on the papers seven weeks later with no hearing.
How Long It Lasts and Changing It Later
An order about who a child lives with normally runs until they turn 18. An order about when a child spends time with the other parent normally ends at 16, unless the court is satisfied the circumstances are exceptional. In reality most orders stop being followed to the letter well before that, because teenagers make their own plans.
If you both want to change the arrangement, you can simply agree to do so and carry on informally, or make a fresh C100 application to vary the order by consent. If proceedings are already live, changes are usually made on a Form C2 within the existing case rather than by starting again.
Enforcement is the flip side of the formality. A sealed order carries a warning notice, and if one parent breaks it without a reasonable excuse the other can apply for an enforcement order, which can mean unpaid work or compensation for financial loss. That is the practical reason many parents want one. If you are unsure whether your situation warrants it, an hour of specialist advice on children matters is money better spent than a rushed application.
What About Child Maintenance?
Money for the children does not belong in a child arrangements order. The Child Maintenance Service holds jurisdiction over most calculations, and a child arrangements order deals with time, not payments. Parents who have agreed a figure can ask the court to record it in a separate consent order under the Child Support Act 1991, but either parent can still apply to the CMS twelve months later, which limits how final it really is.
Keep the two threads separate: consent order child arrangements applications settle the pattern of care, while maintenance runs off a formula based on the paying parent’s gross weekly income and the nights of shared care.
Summary
A consent order for child arrangements is the quickest route from an agreement to an enforceable court order. You apply on the C100, mark it as a consent application, attach the signed draft and your parenting plan, and pay £270. No MIAM is required, and most are decided on the papers once Cafcass safeguarding checks come back.
The difference from a financial consent order is that nothing about a children order is permanent. It can be varied as your children grow, it is judged against their welfare, and the court will not make one unless it is better for the child than making none. Get clear on why you want it before you pay for it.
Frequently Asked Questions
Do we need a solicitor for a child arrangements consent order?
No. Parents can draft the order and complete the C100 themselves. Many choose a fixed-fee service instead of a solicitor, so the wording is precise enough to be enforced without paying hourly rates.
Do we have to attend a MIAM before applying by consent?
No. Practice Direction 12B removes the MIAM requirement for consent order applications. You do not need to attend one, and you do not need to claim an exemption on the form.
How much does a consent order for child arrangements cost?
The court fee is £270 as of July 2026, the same as any C100 application. You may be able to get help with fees if you are on a low income or certain benefits. Any drafting or form completion help is on top.
Can unmarried parents apply for one?
Yes. Child arrangements orders sit under the Children Act 1989 and have nothing to do with marital status. Unmarried parents, and in some cases grandparents with the court’s permission, can apply.
How long does it take to be approved?
Timescales vary by court, but a straightforward consent application dealt with on the papers commonly takes six to twelve weeks, largely because the court waits for Cafcass safeguarding checks before approving.
What happens if my ex breaks the order?
You can apply to the court to enforce it. The court can refer you back to mediation, vary the order, or make an enforcement order requiring unpaid work. It will first consider whether there was a reasonable excuse for the breach.
You Might Also Find Helpful
When Mediation Is Not Suitable Read the guide |
C100 and Cafcass Prep Package Find out more |
How to Apply for a Child Arrangements Order Learn more |
No-Fault Divorce Explained View the guide |
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