Consent Order in Family Court: Agreeing a Child Arrangements Order

What a Consent Order Is

A consent order is a court-approved agreement between the parties in a child arrangements case. When a grandparent or relative and the child's parents agree on where the child should live and how contact should work, they can write up that agreement and submit it to a Family Court judge for approval. Once the judge signs it, it becomes a legally binding court order — enforceable in exactly the same way as an order made after a contested hearing.

Without court approval, a private agreement between family members has no legal force. A parent could change their mind at any time, and you would have no legal basis to enforce the arrangement. The consent order is what turns a handshake agreement into a binding legal document.

When Consent Orders Work for Relatives

A consent order can be a faster and less stressful route to securing a child arrangements order. It can avoid contested hearings and months of court proceedings, although the judge may still ask for further information or a Section 7 welfare report to assess the child's welfare. For relatives, it works best when:

• Both parents agree that the child should live with you and are willing to sign the draft order
• The parents agree to a contact schedule and there are no safety concerns
• You have been caring for the child informally and everyone wants to formalise the arrangement
• The parents recognise they cannot care for the child (because of illness, addiction, or other circumstances) and want to ensure the child has legal protection

If all parties who hold parental responsibility give written consent, you may also bypass the permission requirement under Section 10 of the Children Act 1989, meaning you can apply directly on Form C100 without needing the court's leave.

How to Apply for a Consent Order

You still need to file Form C100 with the Family Court and pay the £270 fee (or apply for a fee waiver through Help with Fees using Form EX160). The consent route does not skip the application — it skips the contested hearing.

Draft the order. Write out the specific terms: who the child lives with, who the child spends time with, when and how often, and any conditions (such as handover arrangements or holiday schedules). Use clear, specific language. "The child shall live with [name]" is enforceable; "the child will stay with nan sometimes" is not.

Confirm agreement. The parties should agree on the draft order's terms before submitting it with the C100.

Submit with your C100. Include the signed draft with your application. Make sure the MIAM section of the C100 is complete — even consent cases require either a MIAM certificate or a valid exemption.

What the Judge Checks

The judge does not rubber-stamp consent orders. They review the Cafcass safeguarding checks (which still happen after the C100 is issued) and assess the proposed arrangement against the Welfare Checklist in Section 1(3) of the Children Act 1989. The judge considers:

• The child's physical, emotional, and educational needs
• The likely effect of the proposed arrangement
• The child's age, sex, and background
• Any harm the child has suffered or is at risk of
• The capability of each person named in the order

If everything is in order and there are no safeguarding concerns, the judge approves the consent order — often at the FHDRA without the need for further hearings. The sealed order is sent to all parties.

If the judge has concerns — for example, if Cafcass flagged safety issues — they may decline to approve the consent order and direct the case to proceed as a contested matter.

After the Consent Order Is Made

A sealed consent order gives you parental responsibility for the child for as long as the order is in force (typically until the child turns 16). You can present it to schools, GP surgeries, and benefits agencies as proof of your legal authority. It is identical in legal effect to a contested order.

If circumstances change later, either party can apply to vary or discharge the order by filing a new C100. The applicant must show a material change in circumstances.

Our Child Arrangements Order Process Guide covers both consent and contested routes, with templates for drafting a consent order and preparing the full application package.

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