Child Arrangements in the United Kingdom
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Children Act 1989 swept away the old combative vocabulary. There is no "custody"; there is no "access." What you have, when separated parents disagree about a child, is a Child Arrangements Order — a single statutory order that sets out where a child lives and how time is shared between parents and other relevant adults.
The framework is built on one overriding principle, set out in section 1: the welfare of the child is paramount. The court works through a statutory welfare checklist:
- The child's wishes and feelings (weighted by age and understanding)
- Physical, emotional, and educational needs
- Likely effect of any change in circumstances
- Age, sex, background, and any relevant characteristics
- Any harm suffered or at risk of being suffered
- How capable each parent is of meeting the child's needs
- The range of powers available to the court
There is no presumption in favour of mothers or fathers — the focus stays on the child. There is, since the Children and Families Act 2014, a presumption that the involvement of both parents is beneficial — but it falls away the moment evidence of harm appears.
When does it apply?
- Parents are separating or have separated and cannot agree on arrangements for their children.
- Anyone with parental responsibility can apply to the court. Others (grandparents, step-parents) need the court's permission.
- Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation could help — exceptions apply in domestic abuse cases.
- Court proceedings should be a last resort — the court encourages parents to agree arrangements between themselves or through mediation.
What to Do If You Disagree on Child Arrangements in the UK
Court is the last step, not the first. Almost everything works better outside it.
- Try to agree directly first. A written parenting plan covers school, weekends, holidays, special occasions — it gives both parents and children stability without anyone feeling overruled.
- If direct talks stall, attend a MIAM and try mediation. Mediators are trained to help parents land workable arrangements without litigation.
- If mediation fails or isn't suitable, apply to the Family Court using Form C100. The fee is £263.
- If there are safety concerns — domestic abuse, substance misuse, serious mental health risk — the court can order a fact-finding hearing, and Cafcass (the Children and Family Court Advisory and Support Service) may carry out a section 7 welfare report.
What should you NOT do?
- Don't use children as messengers or bargaining chips. Cafcass officers and judges spot it instantly, and the long-term harm to the children is real.
- Don't unilaterally cut off contact unless there's an immediate safety risk. Courts take a hard line on parental alienation and unjustified obstruction.
- Don't take a child abroad without consent. Removing a child from the UK without the consent of everyone with parental responsibility (or a court order) is a criminal offence under the Child Abduction Act 1984 — even for a holiday.
Common Questions
When does child arrangements apply?
Parents are separating or have separated and cannot agree on arrangements for their children.Anyone with parental responsibility can apply to the court. Others (grandparents, step-parents) need the court's permission.Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation could help — exceptions apply in domestic abuse cases.Court proceedings should be a last resort — the court encourages parents to agree arrangements between themselves or through mediation.
What should I do if my ex and I can't agree on arrangements for our children in the UK?
Court is the last step, not the first. Almost everything works better outside it.Try to agree directly first. A written parenting plan covers school, weekends, holidays, special occasions — it gives both parents and children stability without anyone feeling overruled.If direct talks stall, attend a MIAM and try mediation. Mediators are trained to help parents land workable arrangements without litigation.If mediation fails or isn't suitable, apply to the Family Court using Form C100. The fee is £263.If there are safety concerns — domestic abuse, substance misuse, serious mental health risk — t...
What mistakes should I avoid with child arrangements?
Don't use children as messengers or bargaining chips. Cafcass officers and judges spot it instantly, and the long-term harm to the children is real.Don't unilaterally cut off contact unless there's an immediate safety risk. Courts take a hard line on parental alienation and unjustified obstruction.Don't take a child abroad without consent. Removing a child from the UK without the consent of everyone with parental responsibility (or a court order) is a criminal offence under the Child Abduction Act 1984 — even for a holiday.