Emergency Child Arrangements Order: Urgent Applications in Family Court

When You Cannot Wait for the Normal Process

The standard child arrangements application takes weeks to months — MIAM, Cafcass safeguarding checks, a First Hearing, possibly a welfare report and further hearings. But some situations are too urgent for that timeline. A parent turns up intoxicated demanding the child back. There is a credible threat that someone will take the child abroad. A child has just been placed with you after a crisis and the parent is threatening to remove them.

Give the application to court staff, who will ask a judge or magistrate to decide when the hearing should take place. An urgent application may be listed at short notice, depending on the circumstances.

The Without-Notice (Ex Parte) Application

An urgent application can be made "without notice" — meaning the court hears it before the other parties know about it. This is the fastest route, but the court only allows it when giving notice would itself cause harm:

• Alerting the respondent would lead them to flee with the child or hide the child
• The child faces immediate physical danger and delay could cause irreparable harm
• There is a genuine risk of unlawful removal from England and Wales

You must demonstrate to the judge why notice cannot be given. The court does not grant without-notice orders simply because the situation is stressful or because you would prefer a quicker hearing.

How to File

Step 1 — Contact the Family Court: Contact the court that covers the area where the child is (or was last) living. Explain that you need an urgent hearing and follow the court's published urgent-application contact procedure.

Step 2 — Prepare and file Form C100: You still need a C100 application form. Complete it as fully as you can, clearly explain the urgency in the statement section, and follow the court's filing directions.

Step 3 — MIAM exemption: Urgency can be a statutory MIAM exemption if delay caused by attending a Mediation Information and Assessment Meeting would create a risk of harm to the child or unlawful removal from the UK. Claim the relevant exemption on the C100.

Step 4 — Form C1A: If there are allegations of harm (domestic abuse, child abuse, risk of abduction), file Form C1A alongside the C100. For an urgent application, this document is particularly important — it gives the judge the specific safety concerns that justify the emergency hearing.

Step 5 — Form C8: If your address needs to stay confidential (because revealing it would put you or the child at risk), file Form C8.

Step 6 — Court fee: The standard £270 fee applies. If you cannot pay, apply for Help with Fees (Form EX160 or online). Some courts allow you to submit the fee remission application alongside the urgent filing, but call ahead to confirm.

What Happens at the Emergency Hearing

The judge reviews the application — often on paper first, sometimes at a short hearing (in person or by phone). The judge considers:

• Is there a genuine emergency that justifies acting without notice to the respondent?
• What interim order would protect the child's immediate welfare?
• What safeguards are needed to protect the respondent's rights?

If satisfied, the judge can make an interim child arrangements order — specifying where the child should live and what contact (if any) should happen until a full hearing takes place.

After an Order Made Without Notice

An interim order made without notice is temporary. The application and order must be served on each respondent within 48 hours. The order must state the respondent's right to apply to vary or discharge it; follow the court's directions about any further hearing.

At any further hearing, the court decides whether to continue, modify, or discharge the interim arrangements. Following an urgent or without-notice hearing, the judge may send the C100 to Cafcass for safeguarding checks and direct any further steps.

An interim order is not the final decision. If the case continues, the court will decide the final arrangements after further directions or hearings.

What an Emergency Application Cannot Do

An urgent application secures interim protection. It does not give you a final, permanent child arrangements order — that requires the full court process. It also cannot:

• Grant a Special Guardianship Order (that requires a separate application and a formal assessment)
• Override a local authority care order (that is public law, not private)
• Compel the police to act (if a child is in immediate physical danger, call 999 first)

If the child is in immediate physical danger, call 999. The Family Court can make urgent orders, and you can also contact the police or local authority children's services about immediate safeguarding concerns.

Getting Help

The Child Arrangements Order Process Guide covers both the standard application route and the emergency process, with checklists for the paperwork and hearing preparation. For immediate support, the organisations below can help:

• Kinship (kinship.org.uk) — specialist advice for kinship carers, including emergency situations
• Family Rights Group — free helpline for families involved with children's services (0808 801 0366)
• Support Through Court — practical help for litigants in person attending urgent hearings

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