1. Child arrangements (lives with / spends time with)

Child arrangements (lives with / spends time with)

When parents separate, the main priority is helping children maintain safe, stable routines and relationships. Where agreement cannot be reached, the family court can make a Child Arrangements Order setting out where a child lives, who they spend time with, and what other contact takes place (for example, phone or video calls). [2]

The court’s focus: the child’s welfare

In any application about a child’s upbringing, the court’s guiding principles include:

• The child’s welfare is the court’s paramount consideration. [1]
• Delay is likely to be prejudicial to the child’s welfare, so cases are managed to avoid unnecessary delay. [1]
• The “no order” principle: the court should not make an order unless making an order would be better for the child than making no order at all. [1]

Agreement first where possible

Where it is safe and appropriate, the court process is designed to encourage resolution without a contested final hearing. The court can consider options for resolving arrangements, including:

• further assistance or intervention by Cafcass (or CAFCASS Cymru)
• referral to mediation (including an at-court assessment of suitability)
• collaborative law
• completing a Parenting Plan
• attendance at a structured intervention (for example, Planning Together for Children / WT4C in Wales, or other activity/intervention) [1]

If agreement is reached: consent orders

If an agreement is reached, it can be put into a consent order for the court to consider. A consent order needs to be signed by both parents, and a judge or magistrate reviews whether it should be confirmed; attendance at court is not usually required. [2] The court will still scrutinise the proposed order before making it. [1]

When Cafcass or a report may be involved

Where there are welfare issues or specific concerns, the court may order a welfare report (often from Cafcass/CAFCASS Cymru or the Local Authority). [1] Welfare reports are generally ordered where there is a dispute about with whom a child should live, spend time, or otherwise have contact, and can also be used to address issues such as the child’s wishes or alleged risks. [1]

Managing repeated or harmful applications (section 91(14))

In some cases, the court can restrict repeated future applications by requiring permission before any new application is issued under the Children Act 1989 (an order under section 91(14)). [1] This can be considered where repeated and unreasonable applications are being made, where respite is needed after litigation, or where conduct (including harassment or oppressive behaviour, potentially including conduct via social media/email or coercive control) risks harm to the child or another person. [1]

How JSH Law can help

Support can include:

• early advice on realistic outcomes and proposals focused on the child’s welfare [1]
• negotiation and drafting child arrangements proposals and consent orders [1]
• preparation for hearings under the Child Arrangements Programme, including evidence planning and case management compliance [1]
• managing Cafcass involvement and responding to section 7 welfare report directions and recommendations [1]
• advising on protective steps in appropriate cases, including applications where repeated litigation or harmful conduct is an issue [1]

A note on this information

This page provides general information and is not legal advice. Child arrangement disputes are fact-specific, and the approach should be tailored to the child’s needs and the family’s circumstances.