What is a Child Arrangements Order?

A Child Arrangements Order (CAO) replaced custody and access orders in 2014. It determines who a child lives with and who they spend time with. Courts prioritise the child's welfare above all else.

Do I have to go to mediation before court?

Yes. You must attend a MIAM (Mediation Information and Assessment Meeting) before applying to court unless you have a valid exemption such as domestic abuse, urgency, or child protection concerns.

How do shared care nights affect CMS maintenance?

The CMS reduces maintenance by 1/7 for each night per week the child stays with the paying parent. Equal shared care (182.5+ nights each) means each parent calculates maintenance and only the difference is paid.

At what age can a child choose which parent to live with?

There is no specific age. Courts increasingly consider the child's wishes as they mature. At age 16, a child can generally choose for themselves. The court always prioritises welfare, not just preference.

UK Child Arrangement Calculator

Plan child arrangements for England and Wales. Calculate time splits, CMS maintenance impact, and the cost of mediation vs court proceedings.

Updated April 2026 Children Act 1989 s.8 · CAFCASS Private — runs in your browser

Number of Children

Children's Ages (approx.)

Parent 1 (lives with mainly) — Nights/Week

nights

CMS Payor Annual Income

Other Parent Annual Income

Parent 1 Nights/Week

5 nights (71%)

Parent 2 Nights/Week

2 nights (29%)

Annual Nights with P1

260

Annual Nights with P2

104

UK arrangement type: Primary residence with Parent 1 — Child Arrangements Order "lives with" Parent 1.

Advanced Calculator

Visual schedule calendar, CMS payment sensitivity by overnights, holiday and special occasion planner, cost comparison of mediation vs court.

+ Open Advanced Calculator

CMS Payor Annual Gross Income

Number of Qualifying Children

How CMS maintenance changes based on overnight contact arrangements:

At 175+ nights/year (approx. 3.5 nights/week), CMS maintenance reduces to £0. The CMS uses gross income from HMRC records (previous tax year by default).

Professional Simulator

Full cost analysis (MIAM + mediation + solicitor + court), welfare checklist alignment scoring, and long-term financial impact of different arrangements.

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Parent 1 Annual Gross Income

Parent 2 Annual Gross Income

Number of Qualifying Children

Youngest Child's Age

yrs

Parent 2 Nights/Week

nights

P1 Annual Direct Child Costs

P2 Annual Direct Child Costs

Process Route

Legal Aid Eligible?

P1 Time Share

72% (261 nights/yr)

P2 Time Share

28% (104 nights/yr)

CMS Monthly

£200/mo

CMS Annual

£2,400/yr

P1 Net Annual Cost (after CMS)

£9,600

P2 Net Annual Cost (with CMS)

£7,400

Total CMS Until Age 18

£24,000

Process / Legal Costs

£2,640

How UK Child Arrangements Work

In England and Wales, Child Arrangements Orders (CAOs) replaced the old "custody" and "access" terminology under the Children and Families Act 2014. A CAO determines who the child lives with and who the child spends time with. The child's welfare is the paramount consideration under Section 1 of the Children Act 1989.

The Process

Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies (domestic abuse, urgency, etc.). Many arrangements are resolved through mediation without court involvement. If court is needed, an application for a Child Arrangements Order costs £232.

MIAM: £100–£200 per person (first session)
Mediation: £100–£250 per session (5–8 sessions typical)
Court application fee: £232 (C100 form)
CAFCASS involvement: Free (government-funded)
Solicitor (if used): £150–£350/hour

CMS Impact: Child Maintenance Service adjusts payments based on shared care nights
0 nights/week: No reduction | 1 night: 1/7 off | 2 nights: 2/7 off | 3+ nights: 3/7+ off

Example Scenario

Example: Shared arrangement in London

Two children, ages 5 and 9. Father earns £45,000/year. Mother is the primary carer. Father has children every other weekend (Friday–Sunday) plus one midweek overnight = average 2 nights/week.

Father's overnights104/year (2/week)

CMS basic rate (2 children)£138/week

Shared care reduction (2/7)−£39/week

Adjusted CMS payment£99/week

Frequently Asked Questions

A "lives with" order names the parent with whom the child primarily resides. A "spends time with" order defines when the child is with the other parent. A child can have a "lives with" order naming both parents (shared living), which is increasingly common.

CAFCASS (Children and Family Court Advisory and Support Service) advises the court on what is in the child's best interests. A CAFCASS officer may interview parents and children, conduct safeguarding checks, and prepare a welfare report for the judge. Their service is free.

Yes. You must attend a MIAM before applying to court unless you have a valid exemption: evidence of domestic abuse, child protection concerns, urgency, the other party is in prison, or you cannot attend due to disability. The mediator assesses whether mediation is suitable.

The CMS reduces the paying parent's maintenance by 1/7 for each night per week the child stays with them (averaged over a year). If the child stays 52+ nights, the reduction is 1/7 per average night. Equal shared care (182.5+ nights each) means each parent calculates maintenance and only the difference is paid.

There is no specific age at which a child can decide, but courts increasingly consider the child's wishes as they mature. A CAFCASS officer may speak with the child. At age 16, a child can generally choose for themselves. The court always prioritises the child's welfare, not just their preference.

Official Sources & Legal References

When to Consult a UK Solicitor

Consult a family law solicitor if your case involves: a disputed child arrangements order; domestic abuse or safeguarding concerns; a CAFCASS welfare report; relocation (domestic or international); or enforcement of an existing court order. The Law Society's Find a Solicitor tool can identify specialists in your area.