Child arrangements cases can take months to reach a final decision. An interim child arrangements order settles where a child lives, and when they see each parent, in the meantime. This guide explains what an interim order is, when the family court in England and Wales will make one, and how to apply.
This article provides general information only and does not constitute legal advice. Every situation is different. If you need advice that applies to your specific circumstances, please contact us.
In short
An interim child arrangements order is a temporary order. It sets who a child lives with or spends time with until the court makes a final decision. You ask for one in your C100 application, or by applying within an existing case. The court usually decides at the first hearing, once Cafcass safeguarding checks are complete.
What is an interim child arrangements order?
It is the same kind of order as a final child arrangements order, but it only lasts until a later hearing or the final order. The Children Act 1989 allows the court to make a child arrangements order at any stage of a case, including before it has heard all the evidence.
An interim order can set out:
- who the child lives with
- when, and how often, the child spends time with the other parent
- whether that time is direct (in person) or indirect, such as phone or video calls.
While it is in force, an interim order is just as legally binding as a final one.
When will the court make an interim order?
The child’s welfare is the court’s paramount consideration, and the Children Act 1989 recognises that delay is likely to harm a child. An interim order is one way of avoiding harmful delay while the case continues.
Before the court decides anything, it needs to know whether there are safety concerns. Cafcass carries out safeguarding checks with the police and local authority and reports to the court before the first hearing, known as the First Hearing Dispute Resolution Appointment (FHDRA). The court will not usually make an interim order before those checks are complete, unless an order is needed to protect the child.
At the FHDRA, the court can make an interim order if it is in the child’s interests. Typical situations include:
- one parent has stopped the child seeing the other parent, and the case will take months to resolve
- the child’s living arrangements need to be settled while reports are prepared
- arrangements need to be fixed before a new school term or a holiday.
For example, a parent who has not seen their child for six weeks may ask for interim time every other weekend while Cafcass prepares a report. If the safeguarding checks raise no concerns, the court may order that arrangement, or a more cautious one, until the next hearing.
How to apply for an interim child arrangements order
If there is no court case yet
Apply on form C100. In the section setting out the orders you want, explain the arrangements you are asking for now as well as at the end of the case. The court fee is £270, and Help with Fees is available if you are on a low income or receive certain benefits.
You will normally need to attend a Mediation Information and Assessment Meeting (MIAM) first, unless one of the exemptions applies, for example where there is evidence of domestic abuse or concern for a child’s safety.
If there is already a case
You can ask for an interim order within the existing proceedings, using form C2. The fee is £195, or £62 if the application is made without notice or by consent.
If it is urgent
If the situation cannot wait until the first hearing, our guide to the emergency child arrangements order explains how to ask for an urgent hearing.
What to include
Set out what arrangements you propose for now and why they are in your child’s interests. If you have concerns about domestic abuse, abduction, or other harm, you must also complete form C1A.
What happens at the first hearing?
Before the FHDRA, Cafcass sends the court a safeguarding letter. At the hearing, the judge or magistrates will try to narrow the issues between the parents. They may then:
- make an interim order
- give directions, such as ordering a Cafcass report or written statements from each parent
- do both.
Interim arrangements are sometimes cautious at first, for example supervised or shorter visits, and then reviewed as the case progresses.
Questions about interim orders
Can an interim order give us shared care?
Yes. An interim order can say that the child lives with both parents, if the court decides that is in the child’s best interests. Whether it does depends on the facts of the case.
Can I ask for an interim order without the other parent knowing?
Only in exceptional, urgent cases. In most cases both parents are told about the application and can attend the hearing.
How long does an interim order last, and can it be changed?
An interim order lasts until the court replaces it at a later hearing or makes a final order. There is no fixed length. Our guide to how long a child arrangements order takes explains the stages of a typical case.
Either parent can ask the court to vary an interim order if circumstances change. An appeal against an interim order needs the court’s permission and is rarely the best route; asking the court to review the arrangements at the next hearing is usually more effective.
What if the other parent does not follow an interim order?
An interim order is binding in the same way as a final order. If the other parent does not follow it, keep a record of what happens and take advice. The court can enforce the order; our guide on breach of a child arrangements order explains how.
How our solicitors can help
Our child arrangement order solicitors can advise whether to ask for interim arrangements, prepare your application and statement, and represent you at the first hearing.
Start with a fixed fee consultation by calling 020 8889 3319, or send us an enquiry.
Frequently asked questions
What is an interim child arrangements order?
A temporary order that sets who a child lives with or spends time with until the court makes a final decision. It is legally binding while it lasts.
How do I apply for an interim child arrangements order?
In a new case, ask for interim arrangements in your C100 application and pay the £270 fee or apply for Help with Fees. In an existing case, apply within the proceedings on form C2; the fee is £195 on notice.
When will the court make an interim order?
Usually at the first hearing, once Cafcass safeguarding checks are complete, and only if it is in the child’s interests. The court can act earlier if an order is needed to protect the child.
How long does an interim child arrangements order last?
Until the court replaces it at a later hearing or makes a final order. There is no fixed length.
Can an interim child arrangements order be changed?
Yes. Either parent can ask the court to vary it if circumstances change. Appeals need the court’s permission and are rare for interim orders.
We pride ourselves on being friendly and approachable so if you need advice, please do get in touch by calling 0208 889 3319 or via the form below.
About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
