Making child arrangements

If you’re a parent seeking advice about where your child or children will spend time after a separation or divorce, there are various benefits of working with our team of family law specialists: 

An amicable and enduring solution that’s best for all the family 

As members of Resolution* and experts in mediation, we can help you minimise the pain of a relationship split and emerge with arrangements that best support you as parents and your children. 

A parenting plan or consent order that suits you and your children 

We will take great care in working with you to draw up an agreement that is either private between you and your partner (parenting plan) or an enforceable consent order. We help you choose the most suitable parental agreement and then tailor it to address your specific needs.

 Options on a way forward 

There are various ways to make arrangements for your children in divorce proceedings. We will help you identify the approach that is right for you and your family. These options include:

 •   Mediation - you may feel that you can discuss children issues with your ex-partner but would benefit from some support when you don’t see eye to eye 

 •   A collaborative family law process - here, you and your ex-partner work with your lawyers to negotiate arrangements for where your child or children reside

 •   Arbitration - you and your partner appoint an arbitrator who assesses your situation and makes a decision on your child’s living arrangements that is final and binding between all parties 

Our children and family law solicitors will talk you through the choices available and work with you to choose the most suitable approach for your situation.

We are always mindful of the detrimental effect parental conflict can have on a child, so we will use wherever possible the least adversarial method to achieve your desired outcome. Litigation should be a last resort only pursued if it’s just impossible to make arrangements by any other means.

We are among 6,500 members of Resolution. This organisation is for family lawyers and other professionals committed to the constructive resolution of family disputes. We follow a code of practice that promotes a non-confrontational approach to family problems. Resolution encourages solutions that consider the needs of the whole family, and in particular the best interests of children.

As parents living together, you are used to living with your children and seeing them all the time. Similarly, your kids have only ever shared a home with you both and will be used to spending time with both of you together. When you separate or divorce, your child or children will usually split their time between you and your former spouse or partner. 

This can be really difficult for both parents, who must adjust to having periods of time away from their children. It can be hard, of course, for the children themselves, who need to get accustomed to spending time with each parent independently. 

Our children and family law solicitors appreciate how upsetting this can be and will support and guide you through the process sensitively and with compassion.

Importantly, you do not need to obtain an order from the court to decide where your children will live. This can be agreed between you. If you can’t agree using out-of-court methods, you may need to apply to the court.

Does a mother take precedence in child arrangements after a divorce or separation?

No, in the UK, there is no automatic preference for the mother in child arrangements after a divorce or separation if you apply for a court order. The child’s welfare is the court’s number one consideration when making decisions about child arrangements. The judge will look at all the relevant factors in your case to determine what living arrangements and contact with each parent will be best for your child.

The court will consider:

• the child's age, wishes and feelings (given due weight according to the child's maturity)

• the child's physical and emotional needs

• the child's relationship with each parent and other significant individuals

• the capacity of each parent to meet the child's needs

• the likely effect of any change in the child's circumstance

In recent years, there has been a move towards shared parenting arrangements, where the child spends significant time with both parents. However, this is not always the best option for every child, and the court will make a decision based on the specific circumstances of each case.

Child relocation

Child access arrangements are usually straight forward to manage when both parents live local to each other. Sometimes, however, one parent may want to relocate with the child to a new area, some distance away from the other. They may have received an attractive job offer, met a new partner or want to be closer to family. This situation can cause considerable upset and stress, particularly for the parent potentially left behind, and often leads to significant conflict. 

We act for parents on both sides of the issue. To minimise the impact on the child, our children and family solicitors strive to find a solution acceptable to all involved without needing to go to court. If the parent is intent on the move, negotiations will focus on matters such as the frequency of visits to or by the remaining parent, and associated travel costs.  

If a couple cannot reach agreement amicably, the parent who wants to relocate can apply for the Court’s permission, or the remaining parent can ask the Court to prevent the move.  

The law governing child relocation is complex and difficult to navigate, with different rules applying to proposed moves within the UK and outside of it. Our specialist children and family solicitors will comprehensively advise you on your options and work hard to ensure your interests are protected, with regard to the welfare of your children at all times.

Sometimes, a court order is necessary for child arrangements in a divorce. Each situation is different, and we take great care in giving you the very best legal advice. 

These are examples of the types of court order we can help you with: 

Child arrangements order 

Arrangements for children after a divorce or separation are commonly referred to as ‘child custody’. This has become an out-dated term following changes in legislation and are now know as child arrangement orders. These establish with whom a child should live, spend time or have contact. 

We will guide you through the process with CAFCASS (Children and Family Court Advisory and Support Service), who aid the court by preparing background for the decisions and by making recommendations based on what they learn. Agreement can often be reached at the first court hearing with CAFCASS. If this isn’t possible, there are various options we can help you with.

How long is a child arrangements order in force for?

The contact arrangements set out in a child arrangements order are legally binding until the child reaches 16, unless the order specifically states otherwise. After this point it will be up to the child to decide how much contact they would like to have with the parent they do not live with.

The ‘live with’ element of a child arrangements order remains legally binding until the child reaches the age of 18, however the family courts are usually very reluctant to enforce such orders beyond the age of 16 unless there are exceptional circumstances.

Relocation application

If a couple cannot reach agreement amicably, a parent who wants to re-locate can apply for the Court’s permission, or the remaining parent can ask the Court to prevent the move. The Court must then decide the issue based on what would be the child’s best interests. In doing so, it will weigh up considerations including the motives for the move, the resultant lifestyle of the child, how the child feels about the move and how it may impact their relationship with the remaining parent.