When parents separate, the first question is often about the children: where they will live, and how much time they will spend with each parent. Many families reach an agreement between themselves. Where that is not possible, the family court can step in and make a child arrangements order.
This guide explains what these orders cover, how the court decides, and what the process looks like in practice. It is general information rather than legal advice. Every family is different, and it is always sensible to take advice on your own circumstances.
What a child arrangements order covers
A child arrangements order is made under the Children Act 1989. The legal term is “child arrangements order”, though you will often see it written as “child arrangement order”. It settles two main questions:
- Who the child lives with. This may be one parent, or the order may set out an arrangement where the child lives with both parents at different times.
- Who the child spends time with. This covers face to face time as well as indirect contact such as phone and video calls, letters and cards.
You may still hear the older terms custody, residence, access and contact. The law replaced them some years ago, but the underlying ideas are similar.
The court can also make two related orders. A specific issue order decides a particular question, such as which school a child attends or whether they can travel abroad. A prohibited steps order stops a parent from taking a particular step, such as removing a child from the country, without the court’s permission. We explain all of these in more detail on our child arrangement orders page.
How the court decides: the welfare checklist
The child’s welfare is the court’s paramount consideration. Not the parents’ wishes, and not what feels fair between the adults. To apply that principle consistently, judges work through the welfare checklist in the Children Act 1989. In plain English, it asks:
- What are the child’s own wishes and feelings, bearing in mind their age and understanding?
- What are the child’s physical, emotional and educational needs?
- What effect would a change in circumstances have on the child?
- What is relevant about the child’s age, sex, background and characteristics?
- Has the child suffered harm, or is the child at risk of harm?
- How capable is each parent of meeting the child’s needs?
- What powers does the court have available?
The court also applies the no order principle. It will only make an order where doing so is better for the child than making no order at all. If parents can co-operate without one, the court will usually leave them to it.
Mediation comes first
Before applying to court, most people must attend a MIAM: a Mediation Information and Assessment Meeting. It is a short meeting with a trained mediator, who explains how mediation works and assesses whether it could help in your situation.
Exemptions apply in some circumstances, for example where there has been domestic abuse or where an application is genuinely urgent. If you are unsure whether an exemption applies to you, take advice before you issue your application.
Mediation is worth taking seriously. Arrangements that parents build together tend to hold up better than arrangements imposed by a judge, and the process is usually quicker and less stressful for children. If mediation is not suitable or does not resolve matters, the mediator signs the relevant part of the court form and you can apply.
The court process at a glance
In outline, an application usually runs like this:
- Application. You apply to the family court, normally with the MIAM requirement met or an exemption claimed.
- Safeguarding checks. Cafcass (the Children and Family Court Advisory and Support Service) carries out background checks and speaks briefly with each parent.
- First hearing. The court identifies the issues and encourages agreement. Many cases settle here or soon afterwards.
- Further steps if needed. The court may order witness statements, a Cafcass report or other evidence, and list additional hearings.
- Final hearing. If agreement is still not possible, a judge hears the evidence and decides.
At every stage the court will encourage the adults to agree where it is safe and sensible to do so. Timescales vary between courts, so check the current guidance on GOV.UK or ask us for a realistic view.
Enforcement in brief
Child arrangements orders carry a warning notice explaining the consequences of not complying. If an order is breached without reasonable excuse, the other parent can apply back to the court to enforce it.
The court has a range of options. It can vary the arrangements, order unpaid work, order compensation for financial loss caused by the breach, or in serious cases impose stronger sanctions. The child’s welfare remains central even at the enforcement stage, so the court will look at why the order was not followed before deciding what to do.
Whichever side of a breach you are on, keep a factual record of what happened and take advice early. Acting unilaterally, for example stopping contact without a genuine safeguarding reason, can count against you later.
Common questions
At what age can a child choose? There is no fixed age. A child’s wishes and feelings carry more weight as they grow older and more mature, but they are one factor among several. Most orders last until a child turns 16, and in some cases longer.
Is a 50/50 split automatic? No. There is no rule that time must be equal. The court starts from the position that the involvement of both parents benefits a child, unless that involvement would put the child at risk of harm, and then decides what pattern serves this particular child best.
Can grandparents apply? Sometimes. Certain family members need the court’s permission before making an application, so it is worth checking your position at the outset.
Do we have to go to court at all? No. Many families agree arrangements through discussion or mediation and record them in a parenting plan. Court is a last resort, not a first step.
When legal advice helps
Plenty of separated parents sort out arrangements without lawyers, and that is a good outcome. Advice becomes valuable when there are safeguarding concerns, allegations of abuse, a planned move to another area or country, a pattern of broken agreements, or simply a dispute that will not shift. Arrangements for children also often run alongside divorce and financial questions, and it helps to see the whole picture early.
Our family law team advises on child arrangements at every stage, from a first conversation about your options, through support during mediation, to representation in court where it is needed. If you would like to talk your situation through, we offer a free 15-minute consultation. Get in touch and we will arrange a convenient time.
Contact RakLAW Solicitors today T: 0203 345 2000 E: info@raklaw.co.uk W: www.raklaw.co.uk