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When parents separate, decisions about where children live and how they spend time with each parent are some of the most important — and sometimes most difficult — to make. This guide explains how child arrangements work in England and Wales.
Key points
- Child arrangements cover where a child lives and how much time they spend with each parent after separation.
- UK family courts do not use the terms 'custody' or 'access' — they make child arrangements orders.
- The child's welfare is always the court's paramount consideration.
- Most child arrangements are agreed informally between parents — a court order is not always necessary.
- If parents cannot agree, family mediation is usually the first step before a court application.
- A child arrangements order from a family court is legally binding and enforceable.
- CAFCASS is involved in contested child arrangements cases to advise the court on the child's welfare.
What Are Child Arrangements?
Child arrangements refer to the practical decisions parents must make about their children's lives after separation: where the children will live, how much time they will spend with each parent, how holidays and special occasions will be divided, and how day-to-day decisions about the children will be made.
In England and Wales, family courts no longer use the terms 'custody' or 'access'. Instead, a child arrangements order specifies who a child 'lives with' and who they 'spend time with'. These terms replaced the old custody and access framework when the Children and Families Act 2014 came into force.
Many separated parents make these arrangements informally — through agreement, sometimes with the help of a parenting plan. A formal court order is not always necessary and is generally only sought when parents cannot reach agreement through other means.
Key principle
The law starts from the position that it is usually in a child's best interests to maintain a meaningful relationship with both parents — unless there is evidence that this would put the child at risk of harm.
The Different Types of Child Arrangements
Child arrangements cover a range of situations, and there is no single 'standard' model. Common arrangements include:
Primary residence with one parent and regular contact with the other — for example, every other weekend and half the school holidays. Shared living arrangements, where the child spends approximately equal time with both parents. A parent lives with arrangements covering when a non-resident parent can have contact — which may be direct (in person) or indirect (by phone or video call). In some cases, particularly where welfare concerns exist, contact may be supervised.
What works best for a child depends on their age, their relationships with each parent, school and activity commitments, the distance between parents' homes, and the ability of both parents to cooperate. There is no one-size-fits-all model.
Read more: Child Arrangements Orders Explained · What Is Supervised Contact?
The Child's Welfare: The Paramount Consideration
Under the Children Act 1989, the welfare of the child is the court's paramount consideration in all decisions about a child's upbringing. This principle — sometimes called the 'welfare principle' — means that neither parent's preferences or rights take precedence over what is in the best interests of the child.
Courts apply a statutory checklist when assessing welfare, considering: the child's wishes and feelings (taking account of their age and understanding); their physical, emotional, and educational needs; the likely effect on them of any change in circumstances; their age, sex, background, and other relevant characteristics; any harm they have suffered or are at risk of suffering; and the capability of each parent to meet the child's needs.
Note
The Children Act 1989 also creates a presumption that the involvement of each parent in a child's life will further the child's welfare — unless the contrary is shown.
How Are Child Arrangements Agreed?
Most child arrangements are made without court involvement. Parents who are able to communicate — even if the separation was difficult — can reach agreement directly or with the help of a parenting plan. A parenting plan is an informal written document setting out how parents will share responsibility for the children.
Where direct agreement is difficult, family mediation can help. A trained, neutral mediator helps parents communicate and explore options, working towards an agreement that works for their specific situation. Mediation is confidential, relatively quick compared to court proceedings, and gives parents control over the outcome.
If mediation is unsuitable or fails to produce agreement, either parent can apply to a family court for a child arrangements order by submitting a C100 form. In most cases, a MIAM must be attended before the court will accept the application.
Read more: Parenting Plans · Mediation for Child Arrangements · Child-Inclusive Mediation · What If We Can't Agree?
What would you like to know?
Child Arrangements Orders Explained
What a child arrangements order is, how it is obtained, and what it contains.
Read moreWhat Is Parental Responsibility?
Who has parental responsibility, how it is acquired, and what it means in practice.
Read moreChild Custody in the UK
Why UK courts don't use 'custody' — and what the terminology actually means.
Read moreHow to Change a Child Arrangements Order
When and how to apply to vary an existing order — and when mediation is the better route.
Read moreWhat Is Supervised Contact?
When supervised contact is ordered, how it works, and who supervises it.
Read moreChild Arrangements and Domestic Abuse
How domestic abuse affects arrangements — what courts consider and what protection is available.
Read moreWhat Does CAFCASS Do?
The role of CAFCASS in contested child arrangements cases and how they advise the court.
Read moreGrandparents and Child Arrangements
The legal position of grandparents and how they can apply for contact.
Read moreRelocating with Children After Separation
What happens when one parent wants to move — and what the court considers.
Read moreRelated Questions
What is the difference between a child arrangements order and a parenting plan?
A parenting plan is an informal written agreement between parents about how they will raise their children after separation. A child arrangements order is a legally binding court order. If parents can agree without court involvement, a parenting plan is usually sufficient. A court order is needed when agreement cannot be reached.
What happens if you cannot agree on child arrangements after separation?
If parents cannot agree informally, the next step is usually to attend a MIAM — a short meeting with an accredited mediator — to explore whether family mediation can help. If mediation is unsuitable or fails, either parent can apply to a family court for a child arrangements order by submitting a C100 form.
Next Steps: Agreement First, Court as a Last Resort
Most child arrangements can be resolved without court involvement — and outcomes agreed by parents tend to last longer and serve children better than those imposed by a judge.
If direct agreement is not possible, family mediation is the recommended first step. A MIAM appointment — a short individual meeting with an accredited mediator — is where this process begins.
If you need to understand the legal framework first, the articles in this section cover everything from parental responsibility to how courts decide contested cases.
You may also want to learn about:
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Most child arrangements are agreed without going to court.
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