When parents separate, arrangements for their children are often the most important issue to resolve. A child arrangements order is an order made under the Children Act 1989 that sets out who a child is to live with, spend time with, or otherwise have contact with. It is typically used where those with parental responsibility are unable to reach agreement, and the court is asked to determine the arrangements that best promote the child’s welfare. The order can also provide a clear legal framework for day-to-day care, helping to reduce uncertainty and set out arrangements in a way that reflects the child’s needs and best interests.
Stowe Family Law is the UK’s largest specialist family law firm, with more than 90 offices across England and Wales – including London, Manchester, Leeds, Birmingham, Sheffield, Bristol, Cardiff, and beyond. Our award-winning team is ranked as a leading firm by both Chambers & Partners 2026 and The Legal 500 2026, and has been named in The Times Best Law Firms list in 2026. Our Excellent Trustpilot rating reflects our quality of service and dedication to client care.
As a member of Resolution and a firm authorised and regulated by the Solicitors Regulation Authority, Stowe Family Law takes a constructive and carefully considered approach to family matters. Wherever possible, we look for a resolution without court proceedings. Non-court dispute resolution methods (including mediation, collaborative law, and negotiation) can be less stressful, less costly, and keep conflict minimal between the whole family. If court is necessary, our solicitors can represent you with expertise.
How do I resolve a child arrangements dispute?
Ideally, you and your ex-partner would be able to agree on post-divorce arrangements between yourselves. We understand that this is not always easy, and so family law solicitors are there to negotiate on your behalf if needed, and guide you through non-court dispute resolution methods where appropriate. Court intervention is a last resort if you cannot reach a compromise.
What child arrangement decisions might I need to resolve?
Every family is different, and you will need to do what is best for your children.The courts believe that wherever possible, children should have contact with both parents and extended family. You will also need to decide on various responsibilities, how and when the children will move between parents and ongoing communication.
Do you need a solicitor for a child arrangements order?
To apply for a child arrangements order, you will need to fill in form C100, which can be done yourself. However, an expert family lawyer will be able to guide you through the form, and give insight into what information the court will require. They will also explain possible outcomes.
How long do child arrangement orders take?
Depending on the complexity of your case, court timescales, and the cooperation of both sides throughout the process, getting a child arrangements order granted can take anywhere from 6 months to 2 years.
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‘Child custody’ is a term many people still use, but it no longer exists in English and Welsh law. The courts now focus on child arrangements – decisions about where your child lives and how they spend time with each parent. These arrangements can be agreed between you or decided by a court. Either way, the process can feel uncertain. Our solicitors will explain what it means for your specific situation, help you reach a workable agreement, and represent you if the matter goes before a judge.
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Since 2022, England and Wales have followed a no-fault divorce procedure, meaning neither party needs to assign blame or give a reason for the breakdown. The application itself is relatively structured, but what surrounds it often isn’t. Finances, children, and housing don’t resolve themselves once proceedings begin. Our lawyers will take you through each stage, from the initial application to the final order, handling the legal detail with care so you can focus on what comes next for you and your family.
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Spousal maintenance is a regular income payment ordered by the court from one former spouse to the other, where there is a genuine difference in earning capacity and a continuing financial need. It is separate from child maintenance and from how assets are divided on divorce. The amount and duration depend on your individual circumstances, and that uncertainty can be hard to sit with. Our solicitors will give you a clear, honest assessment of what to expect, so you can plan your next steps with confidence.
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A financial settlement is the legally binding division of everything you and your former partner own together, such as property, savings, pensions, and debts. Without a court-approved consent order, even an agreement you’ve both signed can be revisited years later. That’s a risk worth taking seriously. Our lawyers will help you understand what falls within scope, work toward a fair division of assets, and secure a clean break where that’s the right outcome.
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International child law covers disputes where children and parents are in different countries – including cases where a child has been taken abroad without consent, relocation applications, and the enforcement of overseas court orders in England and Wales. Much of this is governed by the 1980 and 1996 Hague Conventions, and timelines can be tight. When the stakes feel impossibly high, you need people who will act quickly. Our solicitors work across jurisdictions without delay, protecting your child’s position and keeping you informed at every step.
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In England and Wales, grandparents have no automatic legal right to contact with their grandchildren. Before applying for a child arrangements order, you’ll usually need the court’s permission to do so – known as leave to apply. It’s an added step, and when contact has already broken down, it can feel disheartening. Our solicitors will explain what the court considers at each stage, help you build a considered application, and give you an honest picture of where things stand.
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Before applying to the family court, most people in England and Wales are legally required to attend a Mediation Information and Assessment Meeting, which is also known as a MIAM. Mediation is where a trained, neutral mediator helps both parties reach their own agreements on children or finances, without a judge deciding the outcome. Although it is voluntary, it can lead to faster, less difficult resolutions than going to court – though it isn’t right for every situation. Our lawyers will advise you before and after each session, so you go in fully prepared.
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When a local authority has serious concerns about a child’s welfare, it may carry out an assessment under Section 47 of the Children Act 1989. If concerns escalate, the matter can move to care proceedings, where a court determines what happens next for your child. You have the right to legal advice throughout, and our solicitors will explain each stage clearly, respond to what’s been raised, and represent you firmly throughout.
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Child arrangements is the term used by many people to identify who children live with and spend time with after divorce or separation. This could provide that a child or children live with one parent and spend time with another, or that there is a shared care arrangement. Recent court guidance sets out that a shared care order is not only suitable where the parents have equal division of time, but also where one parent previously had limited time with the children. Having a shared care order ensures that the parents are on equal footing with regards to holidays abroad and schooling. This would also signal the value of each parent in the children’s lives and promote a sense of stability.
read moreMany parents choose to make a flexible arrangement between themselves, but it is best if decisions are documented in a parenting plan. Although these are not legally binding, they can build a solid foundation for parenting after separation to ensure that there is stability and routine for children.
Where parents cannot agree outside of court, the family court can step in to make decisions based on the welfare of the children.
Types of arrangements
A child arrangement order is a court order that sets out who is responsible for the care of a child. It is usually used when the parents cannot agree on how to split care of their children.
Child arrangements orders can also contain decisions on the children’s structure, plans for education, even the amount of screen time they are allowed.
Types of arrangements:
Child arrangement decisions are unique to your family. A family lawyer can support you in what needs to be sorted out and help you navigate conversations with your ex.
Issues that you may need to resolve can include, but are not limited to:
Coming to child arrangement decisions after a separation requires a sensitive and informed approach. We expertly navigate the legal complexities, advocating for arrangements that serve your children’s best interest and support the future of your family.
Not necessarily. Many families reach an agreement about child arrangements without ever stepping inside a courtroom, and this is often the better outcome for everyone involved – particularly for the children.
Not necessarily. Many families reach an agreement about child arrangements without ever stepping inside a courtroom, and this is often the better outcome for everyone involved – particularly for the children.
Before making a court application, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM). At a MIAM, a trained mediator will discuss the dispute with each of you separately and consider whether mediation or another form of non-court dispute resolution could help. Exemptions do apply in certain circumstances, such as where there are safety concerns.
If you are unable to resolve matters outside of court, the next step is to apply using a C100 form, which is submitted to the Family Court along with a court fee. Once the application is received, the court will set a date for the first hearing.
The First Hearing Dispute Resolution Appointment (FHDRA) takes place in private. A CAFCASS (Children and Family Court Advisory and Support Service) officer will typically be involved, carrying out initial safeguarding checks and speaking with both parties before the hearing. The purpose of this first appointment is to establish the issues in dispute, explore whether agreement can be reached, and set out the steps needed to progress the case.
If agreement is not reached at the first hearing, the case may move to a Dispute Resolution Appointment (DRA), and ultimately to a final hearing, where both parties give evidence and the court makes a decision.
Our solicitors will support you at every stage. They’ll help you understand what to expect, prepare your case thoroughly, and advocate for an outcome that reflects your child’s best interests.
Get expert advice and support tailored to your situation from our experienced legal team.
The welfare of the child is the court’s paramount consideration and every decision the court makes must be guided by this principle. The Court also applies the welfare checklist set out in Section 1 of the Children Act 1989. This requires the court to consider:
Understanding how the welfare checklist applies to your situation can make a real difference to how your case is presented. Our lawyers will work with you to build a clear, evidence-based picture of what is in your child’s best interests.
Relocating abroad with a child is a significant step, and one that requires careful legal consideration. As a general principle, it is a criminal offence under the Child Abduction Act 1984 to remove a child from England and Wales without the consent of everyone who holds parental responsibility, or without a court order permitting the move.
If both parents agree to the relocation, it is advisable to document that agreement formally. Where agreement cannot be reached, the parent wishing to relocate must apply to the court for permission. This is commonly referred to as a leave to remove application.
The court will approach a leave to remove application in the same way as any other child arrangements matter – by applying the welfare principle and the welfare checklist. The child’s welfare is the only consideration that matters. The court will examine factors such as:
If a parent relocates with a child without the necessary consent or court order, the other parent can apply for a prohibited steps order, seek an emergency return, or – in urgent cases – request port alerts to prevent the child from leaving the country.
These cases are often complex and emotionally charged. Whether you are considering a move abroad or concerned that your former partner may be planning one, taking early legal advice is important. Our lawyers can help you understand your position and act promptly where needed.
As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.
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Child arrangements orders are necessary when parents cannot agree on the child’s living arrangements or how much time they should spend with each parent. They ensure the child’s welfare is prioritised and provide a clear, legally binding framework that both parents must follow.
You need to apply to the family court for a child arrangements order, and the process will likely include several hearings. Once in place, the order is legally binding and will last until the child is 16 or 18, depending on the content of the order
Child contact refers to the time a child spends with the non-resident parent i.e. the parent they do not primarily live with. Contact includes overnight stays and daytime contact. Access is not a term used in family law, as ‘contact’ covers all the necessary information.
Speaking to an expert family solicitor who specialises in children matters is advisable, particularly if you and your ex are struggling to agree on certain issues. A child lawyer will support negotiations, including help with mediation if appropriate. They can also guide you through the court process of applying for a child arrangements order if you cannot agree matters.
Legal costs will vary depending on the complexity of your case, your lawyer’s experience, and whether you need to go to court. Applying for a child arrangements order through the court comes with a court fee.
Custody is not a term used in England and Wales. Child arrangement decisions are unique to your family. Separating parents are encouraged to come to an agreement together that centres around the best interests of their children. Neither parent is prioritised based on gender when it comes to child arrangements.
The law does not distinguish between married or unmarried parents regarding child arrangements – the welfare of the children is paramount. However, when it comes to unmarried parents, the mother automatically has parental responsibility. The father will have this too if he is registered on the birth certificate. He can also obtain a parental responsibility agreement, or apply to the court for parental responsibility.
In female same-sex relationships, the birth mother will have automatic parental responsibility, and the other parent may also be named on the birth certificate to obtain parental responsibility. For male same-sex couples, the parents will have needed to get a parental order. This can be complex so it is important to seek expert legal advice from a family lawyer.
Child arrangements after separation are determined much like after divorce. There are claims unmarried parents can make regarding financial provision for children, under the Schedule 1 of the Children Act 1989.
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