When Christmas contact arrangements cannot be agreed, parents are often left feeling anxious and unsure of what to do next. I regularly advise parents in this situation, and a common concern is whether there is still time to apply to court and how the process works. The good news is: there is a clear legal pathway, and with the correct steps, it is possible to secure a Child Arrangements Order (CAO) in time for the festive period, provided the application is made without delay.

Before Applying: Mediation or MIAM

In most cases, a parent must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. This requirement exists to reduce unnecessary litigation and support parents in reaching child-focused solutions outside the courtroom.

A MIAM is not required if an exemption applies, including, domestic abuse (with acceptable supporting evidence), urgency, such as a risk of abduction, a previous MIAM within the last four months, and child protection concerns already known to the local authority

If negotiation remains impossible, the mediator will sign the MIAM certificate, allowing the application to proceed.

How to Apply for a Child Arrangements Order?

Complete Form C100

Parents must submit Form C100 to the Family Court. If there are allegations of domestic abuse or safeguarding concerns, Form C1A should also be filed, setting out the risks relating to the child.

Submit to the Family Court (Online or Paper)

Applications can be submitted through HMCTS online service, or by posting forms to the Family Court covering the child’s usual residence.

The court fee is £232 (correct as of 2025). Parents with low income may apply for help with fees using form EX160.

 Cafcass Safeguarding Checks

Once issued, the court sends the application to Cafcass, who complete police and social services checks, contact each parent to discuss any safety concerns, and prepare a safeguarding letter, usually within 12–17 working days

This document becomes central to the first hearing.

The first hearing 

The first court hearing is the FHDRA (First Hearing Dispute Resolution Appointment). At this stage the judge or legal adviser explores options for agreement. Also, cafcass may assist in discussions. If agreement is reached, a final or interim order may be made. However, If issues remain contested, the court may issue directions, including a Section 7 report from Cafcass or local authority, a fact-finding hearing where allegations (e.g., domestic abuse) must be determined, and drug/alcohol testing, medical disclosure, or other safeguarding measures. 

Final Hearing (if needed)

If no agreement is reached, the case proceeds to a Final Hearing, where the court will determine where the child spends Christmas, the division of school holiday time, and handovers, travel arrangements, and communication such as video calls. 

The child’s welfare remains the court’s paramount consideration.

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