Child Arrangements

There is no automatic “right” for a parent to see their child in UK law. Instead, the focus is on what is in the child’s best interests.  It is generally understood that it is the right of the child to have a relationship with both his/her parents providing that relationship does not place the child at risk of harm and provides for the child’s best interest and welfare.

If parents cannot agree arrangements, either can apply to the court for a Child Arrangements Order. This will set out whether the child lives with one parent and how much time they spend with the other or whether the child lives with both parents separately and detailing how much time they then live with the parents respectively. The court will always prioritise the child’s welfare, including their needs and safety.

When parents separate or divorce, arrangements for children are usually decided either by agreement or, if necessary, by the court. Many parents are able to agree between themselves as to the arrangements for their child. This can be done informally or with the support of mediation.

If this is not possible, the court can step in and make a Child Arrangements Order. This sets out the practical details of the child’s day-to-day care. Rather than favouring one parent over the other, the court focuses on what arrangement best supports the child’s overall wellbeing. This includes looking at each parent’s ability to care for the child, and any risks or concerns.

When deciding arrangements for a child, the court focuses on what is in the child’s best interests.

It will consider a number of key factors, including:

• The child’s needs – including their physical, emotional, and educational needs.
• The child’s safety – any risk of harm or concerns about wellbeing.
• Each parent’s ability to care for the child – including providing a stable home environment.
• The child’s wishes and feelings – depending on their age and level of understanding.

Maintaining meaningful relationships – especially preserving the child’s relationship with both parents where it is safe and appropriate.

There are several legal routes available when deciding arrangements for a child, depending on the level of agreement between parents.

• Informal agreement – Parents agree arrangements themselves without going to court.
• Mediation – A trained mediator helps parents reach an agreement. As a result of the Mediation the parents may wish to formalise the agreement by way of a Child Arrangements Order by Consent, they would simply need to instruct their respective solicitors to make a consensual application to the court.
• Solicitor negotiation – Solicitors can assist in negotiating and formalising arrangements to include obtaining a Child Arrangements Order by Consent negating the need to litigate upon the issue but obtaining a Court Order to provide security of the arrangements agreed for the children and the parents respectively.
• Child Arrangements Order – If no agreement is reached or agreement reached by consent through medication and/or negotiations, the court can make a legally binding decision.

The most appropriate route will depend on the circumstances, although resolving matters outside of court is generally encouraged.

If you want your child to live with you full-time, you can ask the court to make a Child Arrangements Order saying the child “lives with” you solely.

In most cases, you must first attend a mediation meeting (called a MIAM) to see if an agreement can be reached without going to court. If mediation is not suitable or does not work, you can complete a C100 application form and submit it to the family court.

The court won’t automatically give full care to one parent. It will look at what is best for the child. This includes things like the child’s needs, their safety, and which parent is better able to provide a stable home.

If the court decides it is best for the child, it can order that they live mainly with you.

Parental responsibility is the legal rights and responsibilities a parent has for their child. This includes making important decisions about their upbringing, such as education, medical care, and overall welfare.

Mothers automatically have parental responsibility, while fathers have parental responsibility if they are married to the mother or named on the birth certificate.

For example, someone with parental responsibility would normally need to be involved in decisions like choosing a school, agreeing to medical treatment, or applying for a passport.

A child cannot legally decide which parent they live with. However, their wishes and feelings will be taken into account. This will depend on their age and level of understanding, but the final decision is always based on what is in the child’s best interests.

There is no single “standard” arrangement for a child when parents separate, as every family situation is different.

The right arrangement will depend on factors like the child’s age, schooling, routines, and each parent’s circumstances. The focus is always on what works best for the child.

If you are unable to reach an agreement, mediation may be the most appropriate next step. A trained mediator can support both parents in working towards a solution.

If mediation does not resolve the issue, you can apply to the court by submitting a C100 application form to request a Child Arrangements Order. This is a legally binding order that sets out when you can spend time with your child.

Where an order is already in place but is not being followed, the court has a range of powers available. It can require the parent to comply, issue warnings, or direct them to attend relevant programmes.

In more serious cases, the court may impose fines, order unpaid work, or vary the existing arrangements, including changing who the child lives with. In all cases, the court’s primary focus is on what is in the child’s best interests.

Short answer: usually yes, you need permission from anyone with parental responsibility.

If everyone agrees:
You can take your child abroad on holiday if all people with parental responsibility give permission. It’s best to get this in writing, in case you’re asked at the airport or by border officials.

If you have a Child Arrangements Order:
If the child lives with you under a Child Arrangements Order, you can take them abroad for up to 28 days per calendar year without the other parent’s permission (unless the order says otherwise).

If there’s no agreement:
You must not take the child abroad without permission. Doing so could be considered child abduction, even if you’re the parent.

If the other parent refuses and you still want to go, you can apply to the court for permission.

You cannot move abroad with your child permanently without the  written consent of everyone with parental responsibility or permission from the court. Doing so without agreement can be considered international child abduction, even if you are the child’s parent.

If the other parent does   not agree, You will need to apply to the court for permission, known as a Specific Issue Order. The court will decide based on what is in the child’s best interests, including the impact on their relationship with the other parent and the practicality of the move.