Several procedural stages can influence the overall waiting time. Understanding what happens at each point can help parents prepare and avoid preventable delays.
Attending a MIAM
Before making most applications concerning child arrangements, the applicant is normally expected to attend a MIAM. During this private meeting, an authorised family mediator explains mediation and assesses whether it could be suitable for the family.
The meeting does not require the parents to sit together. Each person can meet the mediator separately, and attending a MIAM does not oblige either parent to continue into mediation.
Certain exemptions apply, including circumstances involving domestic abuse, urgency, child protection concerns or a recent previous MIAM. The relevant exemption must be recorded correctly on the court application.
Booking the meeting promptly can prevent the application from being delayed at the outset. At Direct Mediation Services, we offer online appointments so that parents can complete this stage without travelling to an office.
Preparing and submitting Form C100
An application for a Child Arrangements Order is usually made using Form C100. The same form can also be used for a Specific Issue Order or Prohibited Steps Order. Applications can be made online in many circumstances or submitted using the current paper form.
The court needs accurate information about the children, the people involved, the orders requested and any safety concerns. Missing information, an incomplete MIAM section or failure to provide required documents may result in the application being returned or further information being requested.
Parents should take care to distinguish between matters that require an immediate protective response and ordinary disagreements about parenting arrangements. Where urgent action is being requested, the reasons and supporting information must be set out clearly.
Cafcass safeguarding checks
After an application is issued, Cafcass usually conducts initial safeguarding enquiries. These commonly include checks with the police and local authority and discussions with the parents about any welfare concerns.
A Family Court Adviser then provides safeguarding information to the court before the first hearing. The purpose is to help the court understand whether the case raises issues such as domestic abuse, substance misuse, neglect or a risk of harm.
This part of the process does not involve a complete investigation of every disagreement. It is an early assessment intended to identify immediate concerns and advise the court on the next appropriate steps.
The first hearing
The first court appointment is commonly called the First Hearing Dispute Resolution Appointment. At this hearing, the court considers the issues in dispute, the safeguarding information and whether any part of the case can be resolved.
Where it is safe and appropriate, the court may encourage the parents to discuss possible arrangements with support from Cafcass or another professional. The Child Arrangements Programme directs the court to consider non-court dispute resolution and opportunities to settle some or all of the issues.
Several outcomes are possible:
- The parents may reach a complete agreement.
- A temporary arrangement may be established.
- The court may define the specific issues that remain disputed.
- Further evidence may be ordered.
- The case may be listed for another hearing.
- The court may direct the parties to consider mediation.
An early agreement can significantly shorten the overall proceedings. Where factual or welfare concerns remain unresolved, the court will usually need more information before making a final decision.
Further assessment and Section 7 reports
A judge or magistrates may ask Cafcass or the local authority to prepare a report under Section 7 of the Children Act 1989. This is more detailed than the initial safeguarding checks.
The Family Court Adviser may speak with each parent, contact relevant professionals and spend time understanding the child’s circumstances. Depending on the child’s age and maturity, the adviser may speak with them directly to understand their wishes and feelings. Cafcass then provides recommendations focused on the child’s welfare.
Preparing a Section 7 report takes time because the adviser must complete an assessment rather than simply record each parent’s position. The court will usually set a deadline and arrange a later hearing to consider the findings.
Parents should cooperate with reasonable requests, provide information on time and avoid placing pressure on the child to express a particular view.
Dispute resolution or a final hearing
Once the necessary evidence is available, the court may hold a dispute resolution hearing. This gives the parents another opportunity to reach an agreement in light of the assessments and recommendations.
A final hearing is required when important issues remain contested. Each party can present evidence, answer questions and explain the arrangements they believe would serve the child’s welfare. The court then decides what order, if any, should be made.
A final hearing may be relatively short in a limited dispute. Cases involving allegations, several witnesses or complex welfare concerns may require a longer hearing and more preparation.
