How to Get Custody of Your Child in the UK: The Complete Process

Step 1: Try to Reach Agreement First

Before filing anything with the court, you must attempt to resolve the dispute through mediation. This is a legal requirement unless an exemption applies. You must attend a Mediation Information and Assessment Meeting (MIAM) before the court will accept a C100 application. MIAMs cost between £100 and £150 typically and can be done online.

Exemptions from MIAM attendance include where there has been domestic abuse, where the application is urgent, where the other party has previously attended mediation and failed to engage, and certain other circumstances listed in the Family Procedure Rules.

Step 2: Complete and File the C100

The C100 is the application form for a child arrangements order. It is 12 pages long and asks for information about the child, both parents, the current arrangements, what order you are seeking, and your reasons. Getting it right matters: a poorly completed C100 delays proceedings and can create a negative first impression.

Attach the MIAM certificate from the mediator, or tick the relevant exemption box with supporting information. The court fee is currently £232. Send the completed form to your local family court.

Step 3: The CAFCASS Safeguarding Call

Within a few weeks of filing, CAFCASS (Children and Family Court Advisory and Support Service) will contact both parents by phone for a safeguarding call. This call assesses whether there are any immediate safety concerns. The officer will ask about domestic abuse, substance misuse, mental health, criminal history, and the current situation.

This is not a casual conversation. CAFCASS files a safeguarding letter with the court before the first hearing, and everything you say during this call may be reflected in that letter. Prepare for it as carefully as you would prepare for the hearing itself.

Step 4: The First Hearing Dispute Resolution Appointment (FHDRA)

The FHDRA is typically listed six to eight weeks after the C100 is filed. It is a short hearing, usually 30 to 45 minutes, before a judge or magistrates. The CAFCASS officer will also be there. The purpose is to identify the issues in dispute and explore whether agreement can be reached, either fully or on some points.

You will be expected to have filed a position statement before this hearing explaining your position. If agreement is reached at the FHDRA, the court makes a final order and proceedings end. If not, the court gives directions for the next stage.

Step 5: Further Hearings

If the FHDRA does not resolve matters, the court may order a CAFCASS welfare report under section 7 of the Children Act 1989. This takes typically 10 to 16 weeks. The CAFCASS officer will meet with both parents and the child, visit the homes, and make recommendations to the court about what arrangements would be in the child's best interests.

A Dispute Resolution Appointment (DRA) is then listed for the parties to review the welfare report and attempt to reach agreement before the final hearing. If agreement is still not reached, a final hearing is listed.

Step 6: The Final Hearing

At the final hearing the judge hears oral evidence from both parties and any witnesses, including the CAFCASS officer. Judgment is then given and a final child arrangements order is made. The total time from C100 to final order is typically between six and twelve months, longer in some courts.

Every stage of these proceedings is an opportunity to demonstrate to the court that you put your child's needs first. The parent who shows insight, reasonableness, and child-focused thinking consistently outperforms the parent who is focused on winning.