When parents separate, one of the most important and often most emotional issues to resolve is where the children will live and how much time they’ll spend with each parent. These are known as child arrangement orders, and when parents can’t agree privately or through mediation, the court may be asked to decide.
At Maria Fogg Family Law, we understand how distressing this process can be. Our role is to help you reach a safe, fair, and practical solution that puts your child’s welfare first.
What is a Child Arrangement Order?
Child arrangements are formal agreements or court orders that determine:
- Where your child lives (residence)
- When they spend time with each parent (contact)
- Other important details, such as holidays, school choices, or religious upbringing
These arrangements can be agreed between parents and made legally binding through a Child Arrangements Order, or, if agreement isn’t possible, decided by a judge.
The Court’s Priority: The Child’s Welfare
When the court considers child arrangements, the child’s welfare is always the paramount concern. The law is guided by what’s called the “welfare checklist” under Section 1 of the Children Act 1989. This checklist includes:
- The child’s wishes and feelings, taking into account their age and understanding
- Their physical, emotional, and educational needs
- The likely effect of any change in circumstances
- The child’s age, sex, background, and characteristics relevant to the decision
- Any harm the child has suffered or could be at risk of suffering
- How capable each parent is of meeting the child’s needs
The court does not automatically favour mothers or fathers — the focus is solely on what’s best for the child.
The Role of Family Court
Encouraging Cooperation
The family court encourages parents to work together wherever possible. Judges expect parents to consider mediation before making an application, unless there are concerns about domestic abuse or safeguarding. The aim is to help parents find solutions that work for their family without unnecessary conflict.
When Safeguarding Is a Concern
If there are allegations of domestic abuse, neglect, or risk of harm, the court takes these extremely seriously. In such cases, CAFCASS (Children and Family Court Advisory and Support Service) may be asked to investigate and provide a report on the child’s safety and welfare.
How the Court Reaches a Decision
Each case is unique. The court will look carefully at evidence, reports, and the child’s individual needs. Orders can range from shared care arrangements to more specific contact patterns, depending on what supports the child’s stability and wellbeing.
Our Role as a Family Law Firm
At Maria Fogg Family Law, our experienced team supports parents through every stage from negotiation and mediation to court representation if needed. We help you understand your rights and options clearly, keeping the focus where it belongs: on your child’s best interests.
Final Thoughts
Child arrangements can feel overwhelming, but you don’t have to navigate them alone. With the right legal guidance and a child-focused approach, you can build a stable future for your family one based on security, compassion, and cooperation.
If you need confidential advice about child arrangements, contact Maria Fogg Family Law today. Our friendly team is here to help you find a way forward that protects what matters most.
What is a Child Arrangements Order?
A Child Arrangements Order is a legal decision made by the family court that sets out where a child will live, who they will spend time with, and how often. It replaces the older terms “custody” and “access.” The order can also cover other practical matters, such as schooling, holidays, and communication between the child and each parent.
Do both parents have equal rights when applying for a Child Arrangements Order?
Yes. The court does not automatically favour mothers or fathers. Both parents start from an equal position, and the decision is based solely on what arrangement best serves the child’s welfare, as set out in the welfare checklist under the Children Act 1989.
Can we make arrangements without going to court?
Absolutely. Parents are encouraged to reach an agreement privately or through mediation. If you reach a mutual decision, you can make it legally binding by applying for a Consent Order. Going to court should generally be the last resort if other options have been unsuccessful or if there are safeguarding concerns.
What role does CAFCASS play in child arrangement cases?
CAFCASS (Children and Family Court Advisory and Support Service) acts as an independent body that represents children’s interests in family court proceedings. They may speak with both parents and the child, investigate welfare issues, and provide a report to help the court make an informed decision.
How does the court decide what is best for the child?
The court uses the welfare checklist under Section 1 of the Children Act 1989. This includes considering the child’s wishes, needs, age, background, risk of harm, and each parent’s ability to meet their needs. Every decision is focused on achieving the best possible outcome for the child’s wellbeing.
What if there are allegations of domestic abuse or neglect?
If there are concerns about abuse, neglect, or risk of harm, the court takes these very seriously. Safeguarding investigations may be carried out, and CAFCASS or social services might be involved. The court can order protective measures, such as supervised contact, to ensure the child’s safety.
Can a Child Arrangements Order be changed later?
Yes. If circumstances change — for example, a parent relocates, or the child’s needs evolve — either parent can apply to vary the order. The court will review the new situation and decide whether any adjustments are in the child’s best interests.
How long does a Child Arrangements Order last?
An order usually lasts until the child turns 16, or in some cases 18, depending on the terms set by the court. However, it can be reviewed or changed at any time if the circumstances warrant it.
Do grandparents or other relatives have rights to apply for a Child Arrangements Order?
In some cases, yes. Grandparents and other relatives can apply for permission (known as “leave of the court”) to request contact or residence arrangements if it serves the child’s welfare and they have a meaningful relationship with the child.
Do I need a solicitor to apply for a Child Arrangements Order?
While it is possible to apply without a solicitor, seeking professional legal advice is strongly recommended. A family law specialist can guide you through the process, help you prepare the necessary documents, and represent your interests in court — ensuring that the child’s needs remain the central focus.
