Making Child Arrangements After Divorce

After a divorce, parents can apply for a Child Arrangements Order, which allows the Court to decide where the child will live and who they will spend time with.

A Child Arrangements Order can be applied for by parents, grandparents, or anyone with parental responsibility, and the family court will decide what best serves the child's interests.

For assistance in drafting child arrangements to make them legally binding, contact our family law solicitors at 0203 417 3700 or fill in our enquiry form.

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Child arrangements if you divorce or separate

If you divorce or separate from your partner, you can decide how to arrange the care of your children.

Typically, you and your ex-partner can avoid court hearings by agreeing on:

• Where the children will live
• How much time they will spend with each parent
• How you will financially support the children

If you and your ex-partner can't agree on all aspects, you can ask the Family Court to decide anything you cannot agree on after using a mediator.

What is a child arrangements order?

A Child Arrangements Order is a court order that determines:

• Who the child will live with (residence).
• Who the child will spend time with (contact arrangements).

In the UK, the legal term "child custody" is no longer used. Instead, the law refers to "child arrangements," which determine:

Who can apply for a child arrangements order?

The child's mother, father or anyone with parental responsibility can apply for a Child Arrangements Order.

In rare cases, a grandparent or other relative may be granted custody if it is in the child's best interests.

The following people can apply:

• Parents, guardians, or special guardians.
• Stepparents or anyone with Parental Responsibility.
• Grandparents (with court permission).

What are the types of child custody?

The four types of child custody in the UK are:

1. Legal Custody
2. Physical Custody
3. Full or Sole Custody
4. Joint Custody

Legal Custody

This refers to the right of a parent to make important decisions about a child's life, such as education, healthcare, and religious upbringing.

Physical Custody

This determines where the child will live on a day-to-day basis, with the parent having physical custody being the one with whom the child resides.

Full or Sole Custody

This is when one parent has both legal and physical custody of the child, and the other parent may have limited or no involvement in the child's daily life.

Joint Custody

In joint custody, both parents share the legal and/or physical custody of the child, meaning they both have a say in major decisions and the child spends time with both parents.

How do I apply for a child arrangements order?

Before applying for a Child Arrangements Order (CAO), you must usually attend a mediation information and assessment meeting (MIAM), unless exempt.

You can apply for a Child Arrangements Order online or by using a paper form for any of the following orders:

• Child Arrangements Order
• Prohibited Steps Order
• Specific Issue Order
• Consent Order

To apply for a Child Arrangements Order (CAO), you will need to follow these steps:

• Attend a Mediation Information and Assessment Meeting (MIAM) first (unless exempt).
• Fill out a C100 form and submit it to the Family Court.
• Pay the application fee (£255, unless eligible for financial help).

How does the court decide on child arrangements?

The court prioritises the child's best interests, considering:

• The child's wishes (if mature enough).
• Each parent's ability to provide a stable home.
• The child's emotional, physical, and educational needs.
• Any history of domestic abuse or neglect.

Can I get a child arrangements order without going to court?

Yes. Parents are encouraged to agree on arrangements outside the Court. A written Parenting Plan can be made legally binding through a Consent Order.

If you want to make your agreement legally binding, you can contact our divorce and family law solicitors at 0203 417 3700.

How long does it take to get a child arrangements order?

The Child Arrangements Order application can take several months (typically 6-12 months), depending on case complexity and court availability.

The time it takes to get a Child Arrangements Order (CAO) in the UK varies depending on the complexity of the case and whether both parties can reach an agreement.

Is a child arrangement order legally binding?

Yes, a Child Arrangements Order is legally binding and can be enforced by the Family Court in case of a breach.

Child Arrangements Orders remain legally enforceable until the child turns 16, unless the order specifies otherwise, as per Section 91(10) of the Children Act 1989.

Can a child arrangements order be changed?

Yes. If circumstances change (e.g., relocation, new living conditions), a parent can apply to modify the child arrangements order through the court.

If both parents agree on the changes, they do not need to go to court. If you want to formalise the change legally, you can apply to the court for a consent order to reflect the new terms.

What happens if one parent disobeys the order?

The other parent can:

• Request court enforcement.
• Apply for a Breach of Order
• The court may issue fines, change the order, or impose penalties.

Reasonable excuse to breach child arrangements order

1. The Child's Welfare or Safety

A reasonable excuse for breaching a Child Arrangements Order includes situations where compliance would risk the child's safety or well-being, such as concerns about abuse or neglect.

Additionally, if the child refuses contact due to genuine distress or fear, despite efforts to encourage them, this may also be justified.

2. The Child Is Unwell

A reasonable excuse for breaching a Child Arrangements Order includes the child being too unwell to travel or participate in contact, especially if a doctor has advised rest or medical care.

3. Unavoidable Travel or Transport Issues

A reasonable excuse for breaching a Child Arrangements Order includes unavoidable transport issues, such as a car breakdown, cancelled public transport, or extreme weather making travel unsafe.

4. Unforeseen Emergencies

A reasonable excuse for breaching a Child Arrangements Order includes unforeseen emergencies, such as a medical emergency involving the child or parent or any urgent situation preventing contact.

5. Court-Approved Changes

A reasonable excuse for breaching a Child Arrangements Order includes court-approved temporary modifications granted upon request.

How can Wembley Solicitors assist with child arrangements?

Our experienced child arrangement solicitors offer both practical and legal expertise to support you with various issues, including:

• Custody – Determining where your children will live (also known as residence or "live with" orders)
• Access – Deciding who your children can see and when (also referred to as contact or "spend time with" orders)
• Financial Maintenance – Handling child maintenance, school fees, and applications under Schedule 1 of the Children Act 1989 (for financial provision for children outside marriage)
• Relocation – Addressing whether a parent can move with a child, either within the UK or abroad
• Grandparents' Rights – Securing legal access to your grandchildren
• Specific Issues – Resolving matters such as changing a child's surname, school, or arranging medical treatment when the other parent disagrees
• Parenting Plans – Drafting written agreements about your child arrangements

This list covers many common concerns, but we can help with a broad range of child arrangement matters. Contact our family law solicitors at 0203 417 3700 to see how we can assist with your situation.

How to contact family law solicitors for a child arrangements order?

Contact Wembley Solicitors at 0203 417 3700. Our divorce and family law solicitors can assist with drafting child arrangements to ensure legal enforceability.