CLOSE SEARCH
Following a separation or divorce, many parents seek legal advice or assistance to formalise their child’s living and contact arrangements to provide certainty and stability for everyone involved.
In England and Wales, child arrangements (this is the term now used legally but many clients still refer to “child custody”) are governed by the principle that a child’s welfare is the Court’s paramount consideration and parents are encouraged to agree on practical arrangements for where a child will live and how much time they will spend with each parent.
Having a formal arrangement in place helps prevent misunderstandings, ensures that the child’s best interests remain central, and provides a clear framework for resolving any future disputes.
If you are seeking to formalise living or contact arrangements for your child, our experienced family law solicitors can guide you from the very start. We can help you to:
Understand your rights and options, including parental responsibility and the types of orders you can pursue in respect of child arrangements.
Explore negotiation or mediation, aiming to resolve disputes through non-court dispute resolution without the need for Court proceedings.
Prepare and submit Court applications, including C100 or C79 forms for new proceedings or assist you with the preparation of C2 applications and other documents in pre-existing proceedings.
Represent you at Court Hearings, ensuring your position is clearly portrayed whilst ensuring your child’s welfare is fully considered.
Draft or review agreements to make them clear, enforceable, and tailored to your child’s needs and best interests.
Advise on complex issues, including changes to arrangements, non-compliance with agreements or Court Orders, or disputes with the other parent.
Seeking advice and formalising arrangements for your child with the assistance of specialist guidance can help protect your child’s welfare and improve your chances of achieving the best outcome.
Parental responsibility is defined by Section 3(1) of the Children Act 1989 as being all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property. A person with parental responsibility for a child can make decisions regarding a child’s upbringing, education, healthcare and living arrangements.
A mother will automatically have parental responsibility for a child from birth. Fathers can acquire parental responsibility if they are married or in a civil partnership with the mother at the time of the child’s birth. Fathers who are not married or in a civil partnership with the mother do not automatically have parental responsibility and would need to acquire it through being named on the child’s birth certificate, entering into a parental responsibility agreement with the mother or by applying for a parental responsibility order from the Court. Fathers can apply for parental responsibility at any time throughout the child’s minority.
Primary/Resident Parent - the parent the child lives with and spends the most time with. This parent is responsible for the child’s day-to-day care and in some circumstances, may be the only parent exercising their parental responsibility.
Joint/Shared Care - the child spends substantial time living with both parents, with both exercising parental responsibility. The arrangements may be fixed i.e. alternating weeks/weekends or flexible arrangements to suit work schedules, for example.
Supervised Contact - one, or both, parents(s) are only allowed to spend time with their child in a supervised setting i.e. a contact centre or supervised by another trusted adult. Supervised contact is only ordered and appropriate if there are concerns about a parent’s ability to safely interact with their child. Supervised contact is usually a temporary arrangement, though in serious cases, it may remain long-term.
Under the Children Act 1989, the child’s welfare is paramount and the Court will take into consideration the following factors from the welfare checklist during the decision-making process:.
The child’s wishes and feelings
Physical, emotional, and educational needs
Likely effect of any changes to their circumstances
Age, sex, background, and characteristics
Risk of harm or prior harm
Parents’ capacity to meet the child’s needs
Range of powers available to the court
A Court will only endorse an application to limit or vary a parent’s time with their child if there are compelling reasons that make it necessary to protect the child’s welfare or ensure their best interests are met. Common reasons include:
Parental conflict or a breakdown in co-parenting that negatively affects the child.
Concerns about the other parent’s ability to meet the child’s needs and provide them with a safe, loving home. For example, where there are concerns the other parent is exposing the child to harm such as emotional or psychological harm
Child safety risks, including abuse, neglect, parental substance misuse or potential abduction.
Significant changes in circumstances, such as relocation, long working hours of one parent, or new family dynamics that may be considered harmful to the child.
Applying to vary the current arrangements, especially when you do not have the support or agreement from the other parent in respect of the proposed variations, can cause increased hostility and impact negatively on the existing co-parenting relationship. The Court will consider the status quo and the child’s existing relationships with both parents when deciding whether a change to the child arrangements would better serve the child’s welfare.
When seeking to vary the current arrangements, it is important to ensure that you have significant supporting evidence of how the current arrangement impacts the child and how your proposal for a variation to the arrangements is in the child’s best interests.
Child arrangements aren't permanently fixed. You have the right to ask the court to review and change arrangements if circumstances change. This is known as 'liberty to apply'. Common reasons include:
One parent planning to relocate
Changes in work patterns affecting care arrangements
Child's needs or wishes changing as they get older
Health issues affecting current arrangements
New relationships affecting living situations
The court will only make changes if they're in the child's best interests. You should try to agree changes with the other parent first, as courts prefer parents to reach agreements without their intervention.
When one parent consistently fails to comply with court-ordered child arrangements, this creates significant difficulties for both the child and the compliant parent. Non-compliance can range from repeatedly missing contact sessions to refusing to return the child at agreed times, which may constitute a breach of a Child Arrangements Order requiring further legal intervention, which may result in :
Court can impose enforcement orders for breaches
Parents may be required to attend parenting programmes
Financial penalties possible for non-compliance
Serious breaches may result in change of arrangements
Our experienced family law solicitors can:
Guide you through the process
Represent you in negotiations or court
Help draft and review agreements
Advise on complex cases
Get in touch
If you would like to speak with a member of the team you can contact us on:
