The Child Arrangements Programme (CAP) & Children Act 1989 Part II — the law behind C100

REVIEWED BY: Sean McNamara on 2026-08-28

The statute you're actually applying under

A C100 asks the court for a Section 8 order under the Children Act 1989:

Child arrangements order — with whom a child lives/spends time (replaced residence and contact orders in 2014)
Prohibited steps order — stops a specific action (e.g. removing the child abroad, changing school)
Specific issue order — decides a particular question (schooling, surname, medical)

All three can be applied for on the same C100, and the court can make any of them.

The CAP (Child Arrangements Programme)

The practice direction governing how private-law children cases are run. Key rules:

FHDRA first (see our FHDRA guide) — identify the dispute, safeguarding, and try to resolve
No order unless it would positively benefit the child (see our no-order-principle guide)
Presumption of parental involvement — unless risk of harm to the child is shown
MIAM before applying (with exemptions — see our mediation guide)
Voice of the child considered by age/maturity (see our voice-of-the-child guide)

The welfare checklist (s.1(3)) — the heart of every decision

Courts must consider the checklist (see our welfare-checklist guide) in every contested children case. Your evidence should speak to each factor — not to how wrong the other parent is.

The tiers of judge

| Level | Who hears it | |---|---| | Magistrates (family panel) | Simple first hearings, uncontested | | District Judge | Most first-instance contested private-law | | Circuit Judge | Complex / appeals from DJ | | High Court (Family Division) | Inherent jurisdiction, international, wardship |

How your C100 travels

1. Issue at the court (or online) → Cafcass safeguarding 2. FHDRA listing 3. Directions (statements, reports, programmes) at CMH 4. Dispute resolution appointment (DRA) — settlement attempt 5. Final hearing (contested) or order by consent

Official links

Children Act 1989: https://www.legislation.gov.uk/ukpga/1989/41
CAP: https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.