How to Apply for a Child Arrangements Order as a Grandparent Without a Solicitor

If you're a grandparent in England or Wales who needs to apply for a child arrangements order without a solicitor, the process has six main stages: working out whether you need the court's permission, attending or being exempted from mediation, completing the application forms, dealing with Cafcass safeguarding checks, preparing for the first hearing, and using the order once you have it. You can do every stage yourself — the system is designed for litigants in person — but you need to know the sequence.

This is not legal advice. It is a practical walkthrough of the administrative steps. If your case involves serious safeguarding allegations, care proceedings, or a parent who is legally represented and actively contesting, consult a solicitor before proceeding.

Stage 1: Permission — Do You Need the Court's Leave?

Unlike parents, grandparents do not have an automatic right to apply for a child arrangements order. The Children Act 1989 requires non-parental applicants to get the court's permission (called "leave") unless one of three statutory exceptions applies:

Exception 1 — One year's continuous residence. If you are a relative (grandparent, sibling, aunt or uncle) and the child has lived with you continuously for at least one year immediately before the application date, you can apply directly. The year must be unbroken and run up to the filing date.

Exception 2 — Three years within the last five. If the child has lived with you for a total of three years within the last five (the period need not be continuous, but it must not have ended more than three months before you apply), you can apply without permission. This applies to any person, not only relatives.

Exception 3 — Required consents. If every person who holds parental responsibility consents, you do not need leave. If there is an existing child arrangements order, the person named as someone the child lives with must also consent; if the child is subject to a care order, the local authority must consent.

If none of these applies, you request permission directly on Form C100. The court considers your connection with the child, the nature of the order you are seeking, the risk of disruption, and (if the child is looked after by a local authority) the authority's plans and the parents' wishes. Permission is a threshold, not a prediction of outcome — it opens the door to a full hearing.

Stage 2: Mediation (MIAM) — Attend or Claim an Exemption

Before filing, you must attend a Mediation Information and Assessment Meeting (MIAM) with an accredited family mediator, or claim a statutory exemption. An application submitted without a mediator's signature or a valid exemption will be rejected.

The main exemptions:

• Domestic abuse — with documentary evidence (police report, protective injunction, letter from a domestic abuse support service)
• Child protection — the child is subject to a local authority child protection plan
• Urgency — immediate risk to the child's safety or threat of unlawful removal from the UK
• Previous MIAM — you attended one within the last four months about the same dispute
• No accessible mediator — none within 15 miles and remote mediation is not available

If you need to attend a MIAM, find an accredited mediator through the Family Mediation Council. If you qualify for legal aid, the MIAM cost is covered for both parties. The government's Family Mediation Voucher Scheme offers up to £500 towards mediation costs, not the initial MIAM; on 15 May 2026, the Ministry of Justice confirmed a further year of funding.

Stage 3: Forms and Fees

Form C100 is the main application. It asks for the child's details, your details and address history, each respondent (everyone holding parental responsibility), the orders you are seeking, permission grounds (if needed), MIAM certification, and whether there are allegations of harm.

Form C1A must be filed alongside the C100 if there are any allegations of harm, domestic abuse, child abuse or risk of abduction.

Form C8 keeps your address and contact details confidential if revealing them would put you or the child at risk.

Form EX160 applies for Help with Fees. The court fee for a C100 application is £270. If you receive Universal Credit, certain income-based benefits, or have a gross monthly income below the threshold, the fee can be reduced or waived entirely. Apply for the reference number online before submitting your court forms.

You can submit online through the HMCTS portal or by printing the forms and posting them to the court. The online route is faster — it routes automatically to the right court and confirms receipt electronically.

Stage 4: Cafcass Safeguarding Checks

Once the court issues your application, Cafcass (or Cafcass Cymru in Wales) conducts safeguarding enquiries. They run police and local authority checks on all parties and then telephone you — and each respondent — for a short conversation about the child's circumstances.

This call causes significant anxiety. Cafcass gathers information about risk and welfare to advise the court; it does not make the final order. Preparing beforehand makes a real difference: write down the child's living situation, the reason you are applying, any safety concerns, and the practical arrangements you are proposing. Under the national Child-Focused Courts model, Cafcass prepares a Child Impact Report within 40 days of filing, replacing the basic safeguarding letter.

Stage 5: The First Hearing (FHDRA)

The First Hearing Dispute Resolution Appointment is not a trial. It is a case management hearing where the judge, the Cafcass officer and the parties meet to:

• Identify what is agreed and what is disputed
• Consider the safeguarding letter
• Explore whether agreement can be reached (if so, the judge can make a consent order on the day)
• Set directions for the next steps if the case is contested (further Cafcass reports, evidence, a final hearing)

Bring your court bundle: the application, the safeguarding letter, any documents the court has sent you, and a short chronology of the child's living arrangements. Dress normally. Address the judge as "Sir" or "Madam." If you do not understand something, say so — the court expects litigants in person to need guidance.

If the case is agreed at the FHDRA, the judge makes the order and you leave with it. If it is contested, the judge sets a timetable for further steps, and the case continues to a Dispute Resolution Appointment or a final hearing.

Stage 6: Using the Order

A "lives with" child arrangements order gives you parental responsibility for the child, shared alongside the parents. This means you can:

• Enrol the child in school and consent to medical treatment
• Take the child outside the UK only with the written consent of all PR holders or the court's permission, except that a person named in the order as someone the child lives with may take the child out of the UK for less than one month without that consent or permission
• Claim Child Benefit and be assessed as the responsible person for Universal Credit child elements
• Present the order to the DWP, GP surgery and school as proof of your legal authority

The order usually lasts until the child is 16 (or 18 in exceptional circumstances). If circumstances change, either party can apply to vary or discharge it.

Where to Get Free Support

• Kinship — free advice line and factsheets for kinship carers
• Advicenow — detailed self-help guides for litigants in person
• Support Through Court — in-person practical support at hearings (not legal advice)
• Family Rights Group — advice for families involved with social services
• Citizens Advice — general guidance on court fees and benefits

Frequently Asked Questions

How long does a child arrangements order application take?

Timing depends on the case and court. Under the national Child-Focused Courts model, the Child Impact Report is prepared within 40 days of filing, and average overall case resolution is 18 weeks. Contested cases can take longer.

Can I apply online or do I have to use paper forms?

Both routes are available. The HMCTS online portal is faster and confirms receipt automatically. Paper forms require printing the C100, making three copies, and posting to your local family court with the fee or Help with Fees reference.

What if the parent cannot be found?

If a respondent's address is unknown, you apply through the court (using Form C2 within the proceedings) for directions on substituted service or a DWP trace. You cannot serve court papers via social media without the court's permission.

Do I need a solicitor for any part of this?

Many grandparents handle the entire process without one. If the case becomes contested or involves complex legal issues, a one-off consultation can clarify your position; private solicitor rates are £250–£400 per hour. Legal aid may be available where qualifying domestic-abuse or child-abuse evidence meets the scope rules and the applicant also passes the means and merits tests.

What does it cost in total?

The court fee is £270 (often waived via Help with Fees). A June 2026 market example listed a £138 fixed fee for c100form.co.uk's MIAM booking and certificate service; this is a service price, not a general MIAM fee. The process guide costs $29. Your total depends on fee remission eligibility and any private mediation charges.

The Child Arrangements Orders for Grandparents and Relatives Process Guide walks through every stage in detail — permission assessment, MIAM exemption evidence, C100 field-by-field guidance, Cafcass preparation, hearing structure and post-order admin — in 13 chapters with 9 printable worksheets.

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