diversity_3 Children

How long does a child arrangements application take?

Realistic timelines for child arrangements proceedings in England and Wales, from submitting a C100 to a final order, and what affects how long the process takes.

Child arrangements proceedings take longer than most people expect. According to Ministry of Justice family court statistics, the average private law children case in 2024 took 43.3 weeks from application to disposal, up from 25.1 weeks in 2018. In practice, many contested cases involving a Section 7 report, allegations of domestic abuse, or a fact-finding hearing take considerably longer than the average. Cases that settle early, particularly at the first hearing, can be much shorter.

What affects how long a case takes?

  1. Whether the case settles early: cases that reach agreement at or before the First Hearing Dispute Resolution Appointment (FHDRA) can conclude within a few months of the application. Cases that proceed to a DRA, and particularly those requiring a final hearing, take significantly longer.
  2. Whether a Section 7 report is directed: a Section 7 report from CAFCASS typically adds three to five months to the process. In areas where CAFCASS has heavy caseloads, it can add more.
  3. Whether there are safeguarding allegations: cases involving allegations of domestic abuse, where a fact-finding hearing may be needed before contact arrangements are made, involve an additional hearing and the evidence preparation that goes with it.
  4. Court capacity: the family court is under significant pressure. Listing delays, particularly for final hearings, can add months to the overall duration.
  5. Whether both parties comply with directions: non-compliance with directions, missed deadlines, or late evidence all add delay.

What is a realistic timeline for a straightforward case?

For a case where the issues are relatively limited and the parties can reach agreement at or shortly after the first hearing:

  1. Submitting the C100 to the court being issued: typically one to two weeks.
  2. FHDRA listed: usually within four to six weeks of issue.
  3. Agreement reached at FHDRA and consent order made: total timeline from application to order, roughly two to three months.

What is a realistic timeline for a contested case with a Section 7 report?

For a contested case requiring a Section 7 report and a Dispute Resolution Appointment:

  1. C100 issued: one to two weeks after submission.
  2. FHDRA: four to six weeks after issue.
  3. Section 7 report directed at FHDRA: CAFCASS typically given three to five months.
  4. DRA listed once report is filed: a further four to eight weeks after the report.
  5. Case resolves at DRA or proceeds to a final hearing: add a further four to six months for listing if a final hearing is needed.

Total for a contested case requiring a final hearing: twelve to twenty-four months from application is not unusual in the current system.

Can the process be made faster?

Some factors within the parties' control can reduce delays:

  1. Filing documents on time and in the correct format avoids unnecessary adjournments.
  2. Engaging constructively with CAFCASS and with the mediation process can accelerate resolution.
  3. Being realistic about settlement at an early stage. Cases that settle at the FHDRA or DRA save months compared with cases that go to a final hearing.
  4. Keeping communications focused on the child's needs reduces conflict that can make proceedings more contentious and lengthy.

What cannot be avoided is the structural pressure the family court is under. Delays are systemic, not just personal.

Can I apply for an urgent order if I can't wait?

If there is a genuine and immediate risk to a child, applications can be made without notice (on an emergency basis) for a prohibited steps order or other urgent relief. These are heard quickly, sometimes on the same day or the following day, but they are for genuine emergencies, not general frustration with the pace of proceedings. Emergency orders made without notice are typically short-term and followed by a full hearing at which both parties can be heard.

Going through child arrangements proceedings without a solicitor is difficult, particularly over the months or years that contested cases can take. Access to Justice is built for people in exactly this position, it keeps you informed of where you are, what's coming next, and what you need to do at each stage. Try it free.

Frequently asked questions

Why has the average case length increased so much since 2018?

The increase in unrepresented parties, the removal of legal aid for most private family law cases following the Legal Aid, Sentencing and Punishment of Offenders Act 2012, increased demand for CAFCASS reports, and the pressures of family court capacity all contribute. The system is under significant structural strain.

Does legal representation make cases faster?

It can, particularly by reducing procedural errors, ensuring directions are complied with on time, and engaging more efficiently at hearings. However, well-prepared unrepresented parties can manage the process effectively. The length of the case depends more on how contested it is than on whether either party has a solicitor.

What happens if CAFCASS doesn't file the Section 7 report on time?

Contact CAFCASS to ask about the delay. If the report is significantly overdue, the matter can be raised at the next hearing. Courts can press CAFCASS for timescales, though in practice delays in report preparation are common, particularly in areas where CAFCASS has heavy caseloads. A Section 7 report typically adds three to five months to a case.

Can I speed up proceedings by applying pressure on the other party?

Putting undue pressure on the other party, whether through litigation tactics or otherwise, is unlikely to accelerate the case and may be taken negatively by the court. Courts are attuned to patterns of behaviour that extend rather than resolve proceedings.

What if the other party keeps causing delays?

Non-compliance with directions and deliberate delay tactics can be raised with the court. Courts have the power to make peremptory orders, setting a final deadline with consequences for non-compliance, and can draw adverse inferences from a pattern of delay. Filing your own documents on time and in the correct format avoids giving the court further reasons to adjourn.

Is there any alternative to waiting out the full court process?

Mediation, collaborative law, and other dispute resolution processes can produce agreement outside the court process, which is typically much faster. The court process runs in parallel with these options. Many parents who enter proceedings end up settling through negotiation after the first or second hearing, using the court framework as a structure without needing a final contested hearing.

This article provides legal information about child arrangements proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.

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