Child Arrangements

A Child Arrangements Order is a court order that determines where a child will live and how much time they will spend with each parent after separation or divorce. It replaces the previous terms “custody” and “access” and focuses on practical arrangements that serve the child’s best interests.

You may need a Child Arrangements Order if you cannot agree with your ex-partner about where your child should live or how much time they should spend with each parent. The court will only make an order if it believes doing so is better for the child than making no order at all.

Child Arrangements Orders can specify:

• Which parent the child lives with (and for how long)
• When the child spends time with the other parent
• Holiday arrangements and special occasions
• Communication arrangements (phone calls, video calls, letters)
• Any conditions or restrictions on contact

The timeline varies depending on the complexity of your case and whether both parents agree. Simple, uncontested cases may take 3-4 months, while contested cases involving court hearings can take 6-12 months or longer. Our experienced solicitors work to resolve matters as efficiently as possible.

Not necessarily. Many child arrangement disputes can be resolved through negotiation, mediation, or collaborative law without going to court. However, if you cannot reach an agreement, court proceedings may be necessary. We always explore alternative dispute resolution methods first.

Courts make decisions based on the child’s welfare being the paramount consideration. Key factors include:

• The child’s physical, emotional and educational needs
• The likely effect of any change in circumstances
• The child’s age, sex, background and characteristics
• The capability of each parent to meet the child’s needs
• Any harm the child has suffered or may suffer

Yes, orders can be varied if there has been a significant change in circumstances. This might include changes in work patterns, relocation, or changes in the child’s needs as they grow older. You’ll need to apply to the court for a variation.

If someone breaches a Child Arrangements Order, the court has several enforcement powers, including unpaid work orders, compensation orders, or in serious cases, imprisonment. We can help you take appropriate enforcement action.

Costs vary depending on the complexity of your case and how it’s resolved. We offer transparent pricing and will discuss costs upfront. Many cases qualify for legal aid, and we also offer alternative funding options. Contact us for a free initial consultation to discuss your specific situation.

A “lives with” order determines the child’s main home and which parent has day-to-day responsibility. A “spends time with” order sets out when the child will be with the other parent. Many orders combine both elements.

Grandparents can apply, but they need the court’s permission first unless they already have an existing court order. The court will consider the connection between the grandparent and child, and whether the application is in the child’s best interests.

If you or your ex-partner live abroad or plan to move overseas, international family law rules may apply. These cases are complex and require specialist expertise in international child abduction laws and cross-border enforcement.

Yes, depending on their age and maturity. The court may appoint a CAFCASS officer to speak with your child and represent their views. Children are not forced to choose between parents, but their wishes and feelings are an important factor in the court’s decision.