Child Arrangements

Child arrangements can vary depending on the family’s circumstances. Common types include:

Shared care: The child spends substantial time with both parents, and the care is shared (although not necessarily equally).

Sole residence with contact: The child lives primarily with one parent, and the other parent has regular contact, including overnight stays, weekends, or holidays.

Supervised or restricted contact: In some cases, contact with one parent may need to be supervised (e.g., due to concerns about the child’s safety).

By Agreement:

Ideally, parents reach a mutual agreement about the child’s living arrangements and contact. They can work out arrangements privately or use mediation to assist with negotiations. If an agreement is reached, it can be formalised in a Parenting Plan.

Through Court (Child Arrangements Order):

If parents cannot agree, either can apply to the court for a Child Arrangements Order. This order specifies where the child will live, with whom they will spend time, and how decisions regarding the child will be made.

Welfare Principle:

‍The court’s primary consideration is the child’s welfare. Decisions are made in the best interest of the child, taking into account their needs, wishes (if old enough), and the circumstances of each parent.

The court applies the “welfare checklist” to determine the child’s best interests. Factors include:

The child’s wishes and feelings (considered depending on age and maturity).
The child’s physical, emotional, and educational needs.
The potential impact of any change in circumstances.
Any risk of harm to the child (including domestic abuse or neglect).
The parents’ ability to meet the child’s needs.
The child’s age, sex, background, and any other relevant characteristics.

Parents must jointly make important decisions about the child's upbringing. These include:

Education (choosing or changing schools).
Medical treatment and healthcare decisions.
Religious upbringing.
Name changes.

Day-to-day decisions (such as routines or rules in each parent’s home) do not require joint agreement unless specified by a court order.

Parents are encouraged to use mediation to resolve disputes regarding child arrangements outside of court. Mediation is a structured process where an impartial mediator helps parents reach a solution. In most cases, the court requires parents to attend a Mediation Information and Assessment Meeting (MIAM) before applying for a court order.

In cases where the court becomes involved, the child’s views may be considered, especially if they are mature enough to express them. The court often involve a CAFCASS Officer (Children and Family Court Advisory and Support Service) to represent the child’s interests and make recommendations to the court.

CH Family Law has extensive experience in this area and in circumstances where the court appoints a guardian, to represent the child as a party in proceedings.

We can offer specialist help on navigating this complex process and a free initial appointment now to discuss your case.
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If one parent does not comply with a Child Arrangements Order (for example, not allowing contact with the other parent), the court can take enforcement action. Sanctions may include fines, community service, or, in rare cases, imprisonment. However, courts usually prioritise encouraging compliance through mediation or parenting courses.

CH Family Law has extensive experience of enforcement, in particular where parents refuse contact or may cite false safeguarding concerns to prevent contact and manipulate the other parent. We can offer free, initial advice on how to proceed with your case.
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Child arrangements are not set in stone and can be adjusted as circumstances change (e.g., changes in the child’s needs, parents’ relocation, or new relationships).

Parents can agree to modify arrangements, or if an agreement is not possible, either parent can apply to the court to vary the order.

CH Family Law has extensive experience in these cases, in particular, where one parent is uncooperative and robust action may be needed.

If you wish to vary your current child arrangements, we can offer a free initial advice appointment to discuss the how to proceed.

If one parent wishes to relocate either within the UK or abroad with the child, they must either obtain the other parent’s agreement or apply for court approval. The court will consider the best interests of the child, including the impact on their relationship with the non-relocating parent.

It is important when relocating abroad especially to obtain the other parent's consent. Othewise, you may be committing the criminal offence of child abduction.

CH Family Law has extensive experience in this area and in multi-jurisdictional divorces. We have a network of foreign legal experts and can help you access crucial expert advice when you need it.

International disputes can be challgening and we offer a free, initial advice appointment to see what your options are.

Child arrangements in divorce aim to ensure that children maintain stable, supportive relationships with both parents, wherever possible. The law emphasises the child’s best interests, and courts will intervene only when parents are unable to agree.

As a separated parent, it is not always possible to effectively make arrangements with the other parent. With expert advice, court hearings are not always neccessary and can be avoided.

CH Family Law offers a free initial advice appointment. Get in touch for free advice on how best to proceed.

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