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Children Act 1989 Orders: UK Family Court Guide

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Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
The Children Act 1989 sits at the heart of family law in England and Wales. It governs how courts, local authorities and parents approach decisions about children, from who a child lives with after separation to when the state can step in to protect a child at risk. If you are a parent, carer, grandparent or guardian trying to make sense of the system, the number of orders, forms and procedures can feel overwhelming. This guide walks through the main orders a court can make, the principles that guide every decision, and the practical steps involved in bringing or responding to an application. Whether you are thinking about a child arrangements order, concerned about welfare proceedings, or simply trying to understand what a social worker has told you, the aim here is to give you a clear starting point.

What this document is

The Children Act 1989 is the principal statute dealing with the care, upbringing and protection of children in England and Wales. It pulled together a patchwork of earlier laws into a single framework built around one idea: that the welfare of the child is the court's paramount consideration in any decision about their upbringing.

That phrase, the welfare principle, runs through every section of the Act and shapes how judges, local authorities and Cafcass officers approach each case. The Act also introduced the concept of parental responsibility, meaning the rights, duties and powers a parent has in relation to a child.

It sets out when local authorities must investigate concerns, when they can apply for care or supervision orders, and what private law orders parents and others can seek when disagreements arise. It is supplemented by later legislation including the Children and Adoption Act 2006 and the Children and Families Act 2014, which changed how private law disputes are handled.

How to use this document

  1. Work out which order fits your situation. Before making an application, identify what you actually need the court to decide. A dispute between parents about living arrangements calls for a child arrangements order, while concerns about a specific decision, such as schooling or medical treatment, might need a specific issue order or prohibited steps order. Getting this right at the start saves time and cost.
  2. Attend a MIAM unless you are exempt. For most private law applications you must first attend a Mediation Information and Assessment Meeting. The mediator will explain whether your dispute could be resolved without court. Certain situations, including domestic abuse or urgent child protection concerns, mean you do not have to attend a MIAM, and the exemption is recorded on the application form.
  3. Complete the correct court form. Private law applications generally use Form C100, with Form C1A added where there are allegations of harm or domestic abuse. Public law proceedings brought by a local authority use different forms. Fill in every section carefully and set out clearly what order you want and why it is in the child's best interests.
  4. File the application and pay the fee. Submit the form to the Family Court, usually at the court nearest to where the child lives. A fee applies, and fee remission may be available if you are on a low income or certain benefits. Check gov.uk for the current amount. The court will issue the application and set a first hearing date.
  5. Prepare for the first hearing and beyond. A Cafcass officer will usually carry out safeguarding checks before the first hearing, known as the First Hearing Dispute Resolution Appointment. Think about what outcome you want, gather any relevant evidence, and be ready to engage constructively. Courts expect parties to focus on the child, not on past grievances between adults.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q What orders can a court make under the Children Act 1989?
The main private law orders are child arrangements orders, which cover who a child lives with and spends time with, specific issue orders, prohibited steps orders and special guardianship orders. In public law, courts can make care orders, supervision orders, emergency protection orders and interim versions of each. Each order has specific criteria the court must be satisfied about before making it.
Q What is a child arrangements order?
Introduced in 2014, a child arrangements order replaced what used to be called residence and contact orders. It sets out where a child lives, with whom they spend time, and what form that contact takes. The order lasts until the child turns 16, or 18 in exceptional circumstances, and breaching it can have serious consequences including enforcement action.
Q Who has parental responsibility for a child?
A child's mother automatically has parental responsibility. A father has it if he is married to the mother or, for children born after December 2003, if he is named on the birth certificate. Others, including step-parents, civil partners and grandparents, can acquire parental responsibility through agreement or court order. More than one person can hold it at the same time.
Q What is the welfare checklist?
Section 1(3) of the Act sets out factors the court must weigh when deciding certain applications. These include the child's wishes and feelings considered in light of age and understanding, their physical, emotional and educational needs, the likely effect of any change, their age, sex and background, any harm suffered or at risk, and how capable each parent or carer is of meeting the child's needs.
Q When can a local authority take a child into care?
A local authority can apply for a care order under section 31 where it can show a child is suffering, or likely to suffer, significant harm attributable to the care being given or to the child being beyond parental control. The court must then decide whether a care order, supervision order or no order at all best serves the child's welfare.
Q Do grandparents have rights under the Children Act?
Grandparents do not have automatic rights, but they can apply to the court for a child arrangements order. In most cases they first need the court's permission to apply, which is usually granted where there has been a meaningful relationship with the child. Courts increasingly recognise the importance of extended family relationships when making decisions.
Q How long do Children Act proceedings take?
Public law care proceedings are meant to conclude within 26 weeks, though extensions are possible. Private law cases vary widely. A straightforward matter might resolve at the first hearing through agreement, while contested disputes involving fact-finding hearings, expert evidence or Cafcass reports can take many months. Courts encourage settlement at every stage to reduce delay.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.