Do we need a child arrangements order?
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 13 August 2026England & Wales
Usually not. If you and your co-parent can agree where the children live and how they spend time with each of you, no court order is required. An order is for situations where agreement is not possible or is not being honoured.
CalmSplit prepares either a written parenting agreement or a Form C100 court application for £95, so you can choose the lighter route first and escalate only if you have to.
- Courts prefer parents to agree wherever it is safe to do so
- A parenting plan is quicker, cheaper and easier to change
- An order carries legal force and is enforceable
CalmSplit fee
£159one-off, per person
One-off CalmSplit fee. HMCTS court fees are paid separately to the court.
Start your divorceStart free. Choose a parenting plan or a court application separately.
See child arrangements (£95)See how it worksWhen a parenting plan is enough
- You can communicate, even if not warmly
- You broadly agree on the pattern and are willing to write it down
- There are no safety concerns
- You want flexibility to adjust as children grow
When an order may be appropriate
- Agreement repeatedly breaks down or is ignored
- One parent is withholding time without good reason
- You need certainty for schooling, relocation or travel
- There are welfare or safeguarding concerns
The usual sequence
Try direct discussion, then mediation, then court. Except where there are safety concerns, you normally need to attend a Mediation Information and Assessment Meeting before applying to court.
Frequently asked questions
No. The divorce and any order about children are entirely separate.