Child Arrangements

Child arrangements refer to the agreements made regarding where your children will live, how much time they will spend with each parent, and how other aspects of their lives will be managed following a separation or divorce.

Establishing clear and fair child arrangements is vital for the stability and well-being of your children. It helps ensure that both parents remain involved in their lives and that their needs are met in a consistent and supportive manner.

• Residence Arrangements: Determines where the children will live.
• Contact Arrangements: Details how often and under what circumstances the non-resident parent will see the children.
• Shared Care: Involves the children splitting their time between both parents' homes.

The ideal way to make child arrangements is through mutual agreement between both parents. This can be done informally or through mediation. If an agreement cannot be reached, you may need to apply to the court for a Child Arrangements Order.

Wherever possible, it is better for children and parents to agree arrangements without going to court. Family mediation gives you a neutral, trained mediator to help you find workable solutions, and in most cases you are required to attend a Mediation Information and Assessment Meeting (MIAM) before you can apply to court. Mediation is usually quicker, less stressful and less expensive than court proceedings, and we can support you alongside it.

If you cannot agree on child arrangements, you can apply for a Child Arrangements Order using court form C100. This legal document sets out the details of the arrangements, including who the children will live with and how they will spend time with each parent. The court's primary consideration will always be the welfare of the children, guided by the 'welfare checklist' set out in the Children Act 1989.

Seeking legal advice is crucial when dealing with child arrangements. A solicitor can help you understand your rights and responsibilities, negotiate fair terms, and ensure that the final agreement is in the best interests of your children. At Symes Bains Broomer, our experienced family law solicitors can provide the support and guidance you need to navigate this challenging process.

Yes. A family law solicitor can help you reach an agreement through negotiation or mediation, prepare a parenting plan, and – if agreement isn't possible – apply to the court for a Child Arrangements Order and represent you throughout. Early legal advice often helps avoid court altogether.

In England and Wales there is no fixed age at which a child can decide. The court considers a child's wishes and feelings in light of their age and understanding, giving them more weight as the child matures (often from around 12), but the decision always rests on the child's overall welfare rather than age alone. A young person is generally free to make their own decision once they are 16.

Before applying you will usually need to attend a Mediation Information and Assessment Meeting (MIAM) to see whether mediation could resolve matters. If it cannot, you apply to the family court using form C100. The court's paramount consideration is the welfare of the child. We can guide you through mediation and, if needed, the full court application.

Grandparents do not have an automatic legal right to contact, but they can apply to the court for permission (leave) to seek a Child Arrangements Order. Such applications are often successful where ongoing contact is in the child's best interests. We can advise grandparents on the best approach.

Neither parent has an automatic right to stop the other from seeing their child unless there are genuine welfare or safety concerns. Where both parents have parental responsibility, the starting point is that a child benefits from a relationship with both. If contact is being withheld without good reason, the parent being denied contact can apply to the court for a Child Arrangements Order, and the court will decide based on the child's welfare. The same principles apply whichever parent is withholding contact.

There is a court fee to apply for a Child Arrangements Order (currently around £232), plus any solicitor's fees for advice and representation. Costs vary depending on whether matters are agreed, resolved through mediation, or contested at a final hearing. We will always be clear about likely costs at the outset, and reaching agreement through mediation is usually far less expensive than a contested court case.

The C100 is the court application form used to apply for a Child Arrangements Order (and certain other orders relating to children, such as Prohibited Steps or Specific Issue Orders). You will usually need to show you have attended a Mediation Information and Assessment Meeting (MIAM) before submitting it, unless an exemption applies. We can complete and submit the C100 on your behalf.

A Child Arrangements Order sets out where a child lives and who they spend time with, but it does not by itself remove a parent's parental responsibility. Parental responsibility is only changed or removed in limited circumstances. If an order says a child lives with someone who does not already have parental responsibility, the court will usually grant it to them for the duration of the order.