Children arrangements
Advising divorced or separated parents as to arrangements for children, including where they should live, moving abroad or taking them on holiday.
What this covers
Advice for separated or separating parents on arrangements for children — where they live, how time with each parent is shared, and the specific issues that arise around schooling, holidays, relocation and medical decisions. The focus is on what works for the children day-to-day, settling the practical detail wherever possible without court.
Initial advice
Where the facts allow, we set out at an early stage what arrangements are likely to be realistic, what the relevant law says, and what the practical options are for resolving any disagreement. The court's only test is the welfare of the children, and that test starts from the position that children benefit from a meaningful relationship with both parents unless there is a good reason otherwise.
Mediation and non-court routes
The great majority of arrangements are agreed without court — directly between parents, through solicitor-led correspondence, or through mediation. Where court is being considered, the law requires you to attend a Mediation Information and Assessment Meeting (MIAM) first, with limited exceptions for urgent safety cases. We can refer you to accredited mediators, including those who work with the children directly where that is appropriate.
Court applications
Where agreement is not possible, an application is made under the Children Act 1989. A Child Arrangements Order sets out where children live and how they spend time with each parent. A Specific Issue Order resolves a single point of dispute (a particular school, a passport application, a medical treatment). A Prohibited Steps Order prevents one parent from doing something specific (typically removing the child from a jurisdiction). The court asks CAFCASS to carry out initial safeguarding checks and, in some cases, prepare a fuller welfare report.
Relocation, schooling and holidays
Specific issues arise frequently and often need their own focused approach. Relocation — within the UK or abroad — requires the agreement of every person with parental responsibility, or a court order in its place. Disputes over schooling, religious upbringing, surnames and holiday travel all sit within Specific Issue or Prohibited Steps territory. We can advise on the strength of each side's position and the most sensible route to a workable answer.
How we can help
- Separating parents working out where children will live
- Already separated, and arrangements have stopped working
- In dispute over schools, holidays, or medical decisions
- Worried about a child's safety or contact
- A grandparent or step-parent seeking a defined role
Common children arrangements questions
What is a Child Arrangements Order?
A Child Arrangements Order is a court order setting out where children live and how they spend time with each parent. It can be specific (every other weekend, half of the school holidays) or framed more loosely. It replaces the older language of 'residence' and 'contact'.
What if my ex won't agree?
Direct conversation often hits a wall. Mediation is the next step and resolves a high proportion of disputes — and the law usually requires it before court in any event. Where mediation is not suitable or does not produce an agreement, the court remains available as a final route.
Will my child be interviewed?
Sometimes. CAFCASS may speak to children in age-appropriate ways, and judges occasionally meet older children, usually around twelve and above. Children are not asked to choose between their parents; they are asked about their feelings and what they are worried about.
Don't mothers always win in court?
No — that is an outdated picture. The court's only test is the welfare of the children, set out in a checklist which has nothing to do with which parent is the mother. Fathers are no less likely to secure substantial time with their children, where that is right for the children.
Can I simply stop my ex seeing the children?
Only where there is a real safeguarding concern — and even then, carefully. The starting point in English law is that children benefit from a relationship with both parents. Withholding contact without good reason can damage your position when the question comes before a court.
What about child maintenance?
Child maintenance is usually dealt with separately, through the Child Maintenance Service, rather than as part of the children arrangements themselves. We can help you understand what is payable and how it interacts with any wider financial settlement.
Other ways we can help
Practice area
Divorce
Advice and support through the legal process required to divorce.
Read morePractice area
Protection from domestic abuse
Advice as to non-molestation orders and occupation orders.
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Cohabitation disputes and financial claims
Advice for cohabitants as to their financial claims, or financial claims they might have for the benefit of children.
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Not sure where to start?
An introductory call of up to twenty minutes is free of charge — an opportunity to explain your position and feel reassured that we are the right fit.
Plain English. Confidential. No obligation.
