Child Arrangement Orders for Unmarried Fathers: A 2026 Guide

If you’re an unmarried dad trying to see your children, you’re probably feeling a mix of frustration, confusion, and worry. Maybe communication with your child’s mother has broken down. Perhaps you’ve been told you have “no rights” because you weren’t married. Or you’re simply trying to work out what your options actually are in 2026.

Here’s the truth: being unmarried doesn’t mean you don’t have rights. It just means the process might look a bit different for you. This guide breaks down exactly what you need to know about Child Arrangement Orders, Parental Responsibility, and how to navigate the family court system, whether you’re based in Windsor, London, or anywhere else in England and Wales.

Take a breath. You’ve got options, and we’re going to walk through them together.

First Things First: Do You Have Parental Responsibility?

Before we dive into Child Arrangement Orders, we need to talk about something called Parental Responsibility (PR). This is the legal term for all the rights, duties, and responsibilities a parent has towards their child.

Here’s the thing that catches many unmarried dads off guard: mothers automatically have Parental Responsibility from birth. Fathers don’t, unless certain conditions are met.

How Unmarried Fathers Get Parental Responsibility

You’ll automatically have PR if:

• You’re named on the birth certificate (for children born after 1 December 2003 in England and Wales)
• You were later married to the child’s mother

If neither of these applies to you, don’t panic. You can still acquire PR through:

1. A Parental Responsibility Agreement – A formal agreement signed by both parents and registered with the court
2. A Parental Responsibility Order – Granted by the court if the mother won’t agree
3. A Child Arrangement Order – If the court grants you a “lives with” order, you automatically gain PR

Why Does Parental Responsibility Matter?

Without PR, you can still apply for a Child Arrangement Order to see your children. However, you won’t have legal authority to make important decisions about their education, medical treatment, or religious upbringing.

If you’re not sure whether you have PR, check whether you’re named on your child’s birth certificate. If you’re not, or your child was born before December 2003, you’ll likely need to address this alongside your Child Arrangement Order application.

What Exactly Is a Child Arrangement Order?

A Child Arrangement Order (CAO) is a court order that sets out:

• Who a child lives with (sometimes called a “lives with” order)
• When a child spends time with each parent (sometimes called a “spends time with” order)

These orders replaced the old “residence” and “contact” orders back in 2014, and they remain the standard approach in 2026 for resolving disputes about children when parents can’t agree.

A CAO gives you legal clarity. It’s not about “winning” or “losing”, it’s about creating a stable arrangement that works for your child.

The Mediation Requirement: MIAMs Explained

Before you can apply to court for a Child Arrangement Order, you’ll usually need to attend something called a Mediation Information and Assessment Meeting (MIAM).

This isn’t optional, it’s a legal requirement introduced to encourage parents to resolve disputes without going to court. At a MIAM, a trained mediator will:

• Explain how mediation works
• Assess whether your case is suitable for mediation
• Discuss other options for resolving your dispute

When Can You Skip the MIAM?

There are some exemptions. You may not need to attend a MIAM if:

• There’s been domestic abuse (with supporting evidence)
• There’s a child protection concern
• The matter is urgent (e.g., risk of child abduction)
• You’ve attended a MIAM in the last four months
• The other parent is in prison or lives overseas

If mediation works, brilliant, you’ve saved time, money, and stress. If it doesn’t, the mediator will sign your MIAM form confirming you’ve attended, and you can proceed to court.

For families in Windsor and West London, there are several accredited family mediation services nearby. Your solicitor can point you in the right direction.

Step-by-Step: Applying for a Child Arrangement Order

Right, let’s get practical. Here’s what the application process looks like in 2026:

Step 1: Attend Your MIAM

As mentioned, this comes first (unless you’re exempt). Book your appointment, attend, and get your form signed.

Step 2: Complete the C100 Form

The C100 form is your official application to the family court. You can download it from GOV.UK or complete it online through the MyHMCTS portal.

You’ll need to provide:

• Details about yourself and your child
• Information about the other parent
• What orders you’re asking for (e.g., specific days/times with your child)
• Confirmation you’ve attended a MIAM or why you’re exempt

Be clear and factual. This isn’t the place for emotional arguments: just stick to the facts about what arrangement you’re seeking.

Step 3: Pay the Court Fee

As of 2026, the court fee for a C100 application is £255. If you’re on a low income or certain benefits, you may be able to apply for help with fees using the EX160 form.

Step 4: Submit Your Application

Send your completed C100, MIAM form, and fee to the court. For families in the Windsor area, your application will typically be handled by the Family Court at Slough or Central Family Court in London, depending on your circumstances.

Step 5: The Court Sends Out the Papers

Once submitted, the court will send a copy of your application to the other parent (the “respondent”) and schedule a hearing.

Step 6: Cafcass Gets Involved

Before your first hearing, Cafcass (Children and Family Court Advisory and Support Service) will conduct safeguarding checks. A Cafcass officer may also speak to both parents by phone to understand the situation.

Step 7: Attend the First Hearing (FHDRA)

Your first court date is called a First Hearing Dispute Resolution Appointment (FHDRA). Both parents attend, and the judge will try to help you reach an agreement. If you can’t agree, the judge may make interim orders and schedule further hearings.

Step 8: Further Hearings (If Needed)

If the dispute continues, there may be additional hearings and potentially a final hearing where the judge makes a decision. Cafcass might prepare a more detailed report, and in some cases, the court may order expert assessments.

What the Court Considers

When deciding on a Child Arrangement Order, the court’s primary concern is your child’s welfare. Judges use something called the “welfare checklist,” which includes:

• Your child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• Your child’s age, background, and characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent is of meeting the child’s needs
• The range of powers available to the court

Being unmarried doesn’t work against you. What matters is your relationship with your child and your ability to provide a stable, loving environment.

Local Support for Dads in Windsor and London

Navigating the family court system can feel isolating, but you don’t have to do it alone. Whether you’re in Windsor, Slough, or anywhere across West London, having the right support makes a real difference.

At Judge Law, we’ve helped countless unmarried fathers understand their rights and secure meaningful time with their children. Our team knows the local courts, the local processes, and: most importantly: how to present your case in the strongest possible light.

Moving Forward

Here’s what we want you to take away from this guide:

1. Being unmarried doesn’t mean you have no rights: it just means you might need to take extra steps
2. Parental Responsibility matters: check whether you have it, and address it if you don’t
3. Mediation comes first: attend your MIAM before applying to court
4. The C100 form is your gateway: complete it carefully and factually
5. The court focuses on your child’s welfare: not on punishing either parent

If you’re feeling overwhelmed, that’s completely normal. Family law can be complicated, but with the right guidance, you can navigate it successfully.

Ready to take the next step? Get in touch with our family law team for a confidential chat about your situation. We’re here to help.