Child Arrangements
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
What is this right?
When parents separate, decisions about where children live and how much time they spend with each parent are made through Child Arrangements Orders (which replaced the old "custody" and "access" terms).
The court's paramount consideration is the welfare of the child. The court uses a welfare checklist that includes:
- The child's wishes and feelings (depending on age and understanding)
- The child's physical, emotional, and educational needs
- The likely effect of any change in circumstances
- The child's age, sex, background, and relevant 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
There is no presumption in favour of mothers or fathers — the focus is entirely on what's best for the child. However, there is a presumption that involvement of both parents is beneficial unless there's evidence of harm.
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 should you do?
- Try to agree arrangements with the other parent first — a written parenting plan can help, and it's less stressful for children.
- If you can't agree, attend a MIAM and consider mediation — mediators can help parents reach agreements about living, contact, holidays, and special occasions.
- If mediation fails, apply to the Family Court using Form C100 — the fee is £263.
- If there are safety concerns (domestic abuse, substance misuse, mental health), the court can order a fact-finding hearing and Cafcass (Children and Family Court Advisory and Support Service) may investigate.
What should you NOT do?
- Don't use children as messengers or bargaining chips — this causes lasting harm.
- Don't unilaterally stop contact with the other parent unless there's an immediate safety risk — courts take a dim view of parents who obstruct contact without justification.
- Don't take children abroad without the other parent's consent (or a court order) — this can be a criminal offence under the Child Abduction Act 1984.
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