Capitol Family Mediation Hillingdon

For most applications concerning children after separation (known as ‘Private Law’ cases), the process generally follows these mandatory steps:

Child Arrangements via Family Court in Hillingdon

When parents or other individuals with parental responsibility in the London Borough of Hillingdon (Uxbridge, Ruislip, Hayes, etc.) cannot agree on arrangements for a child, they may apply to the Family Court for a Child Arrangements Order (CAO).

What is a fChild Arrangements Order (CAO)?

A CAO is a legally binding document that regulates arrangements relating to one or both of the following:

With whom a child is to live, spend time, or otherwise have contact. (This essentially replaced the old ‘Residence Order’).

When a child is to live with, spend time, or otherwise have contact with any person. (This essentially replaced the old ‘Contact Order’).

The court’s paramount consideration in every decision is the welfare of the child.

The Court Process for Child Arrangements (Private Law)

For most applications concerning children after separation (known as ‘Private Law’ cases), the process generally follows these mandatory steps:

1. Mandatory Mediation Information and Assessment Meeting (MIAM)7

Requirement: Before filing an application for a CAO (using form C100) with the court, the applicant must attend a MIAM with a trained, certified family mediator.8

Purpose: The mediator explains the non-court options (like mediation, collaborative law) and assesses whether the case is suitable for mediation.

Exemptions: You do not have to attend a MIAM if an exemption applies (e.g., urgency, documented domestic abuse, or a previous MIAM within the last four months).9

2. Filing the Application (Form C100)10

If mediation is not suitable or successful, the applicant files the C100 application form and pays the court fee (or applies for help with fees).11

3. Cafcass Involvement and Safeguarding Checks

CAFCASS (Children and Family Court Advisory and Support Service): Once the application is issued, CAFCASS will conduct initial safeguarding checks.

Procedure: A CAFCASS officer will contact both parties, speak to them individually, and carry out checks with the police and local authority social services to identify any potential risks or welfare concerns. They then prepare a short Safeguarding Letter for the court before the first hearing.

4. First Hearing Dispute Resolution Appointment (FHDRA)

Attendance: Both parties attend, usually along with a Judge or Magistrates, and a CAFCASS Officer. The children do not attend unless specifically asked.

Goal: The court aims to help the parents reach an agreement or narrow the issues in dispute. The CAFCASS Officer gives their initial view based on the safeguarding report.

Outcome: If an agreement is reached, it can be made into a Consent Order.12 If not, the case progresses, and the court will make ‘Directions’ (instructions on what must happen next).

5. Further Hearings and Fact-Finding

Dispute Resolution Appointment (DRA) / Further Hearings: The court may order further appointments or assessments, such as a full CAFCASS report into the child’s welfare or a Fact-Finding Hearing if there are serious allegations of harm or abuse that need to be resolved before the final decision.

The Welfare Checklist: When making a decision, the court must consider the Welfare Checklist, which includes the child’s wishes and feelings (depending on age/understanding), physical, emotional, and educational needs, and any harm they have suffered or are at risk of suffering.13

6. Final Hearing

If no agreement is reached throughout the process, the case goes to a Final Hearing where the Judge or Magistrates will hear all the evidence and make a final, legally binding Child Arrangements Order.