When parents separate or divorce, one of the most important and sensitive questions is how the children will be cared for. For many, this becomes the most difficult part of the process, both emotionally and legally.
The law in England and Wales no longer uses words like custody or residence order. Instead, everything falls under the term Child Arrangements. For parents, however, the older words still linger, which can make the system feel confusing at first.
This article explains what child arrangements mean, the difference between contact, custody, and residence, how the courts make decisions, and what rights fathers and other family members have.
Estimated reading time: 8 minutes
What Are Child Arrangements?
Child arrangements set out where a child will live and how they will spend time with each parent or carer.
The legal framework is provided through a Child Arrangements Order (CAO), which replaced previous terms such as residence order and contact order. It was introduced by the Children and Families Act 2014 to create a simpler and more flexible way of describing children’s living and contact arrangements.
In everyday language:
- Custody was once used to describe the main carer of the child.
- Residence means where the child lives most of the time.
- Contact is the time the child spends with the parent they don’t live with, which can be face-to-face, overnight stays, or even virtual communication such as phone calls and video chats.
Although the old words are still in common use, what really matters now is that arrangements are clear, workable, and focused on the child’s welfare.
For more information, you can also visit our page on Child Arrangements Orders.
Who Can Apply for Child Arrangements?
In most cases, parents apply for child arrangements. Mothers automatically have parental responsibility, and fathers usually have it too if they were married to the mother or are named on the child’s birth certificate after December 2003.
But parents aren’t the only people who can apply. In some circumstances, grandparents, step-parents, or legal guardians may wish to apply for a Child Arrangements Order. These applications can be more complex, as the court may first need to grant permission before considering the case.
Understanding parental responsibility is key here. Without it, a parent cannot automatically make decisions about their child’s education, health, or residence. You can read more about this in our guide to Parental Responsibility.
How Courts Decide Child Arrangements
When parents cannot agree, the court will decide what happens. The law is clear: the child’s welfare comes first.
Judges rely on what is called the welfare checklist, a set of factors found in Section 1 of the Children Act 1989. This includes:
- The child’s wishes and feelings, depending on their age and maturity
- Their physical, emotional, and educational needs
- The likely effect of any changes in their circumstances
- The child’s age, sex, background, and other characteristics
- Any harm the child has suffered or is at risk of suffering
- Each parent’s ability to meet the child’s needs
It is important to note that the court does not automatically favour mothers over fathers, nor does it assume that children must live with one parent. The aim is always to create an arrangement that best meets the child’s needs in practice, not simply on paper.
This approach reflects a growing recognition that, where safe and appropriate, children benefit from having strong relationships with both parents.
Father’s Rights in Child Arrangements
Fathers often worry that the system is against them. Many still talk about custody battles and assume that courts favour mothers.
In reality, the law gives no preference to one parent over another. If a father has parental responsibility, he has the same legal standing as the mother when decisions are made about where a child lives and how contact takes place.
If a father doesn’t have parental responsibility, he can apply for it through the courts. Once granted, his rights and responsibilities are equal to the mother’s.
This does not mean the court will split arrangements equally in every case. Practical issues, such as a child’s schooling, stability, and routines, are often more influential than legal principles. But fathers who want to be actively involved in their child’s life are encouraged and supported by the courts, provided it is in the child’s best interests.
For more on this, see our page on Child Arrangements Orders.
Agreements Without Court
Court is not always the best route. In fact, judges encourage parents to reach agreements without needing a formal order wherever possible.
There are several alternatives to court:
- Mediation: An independent mediator helps parents reach agreement in a neutral and constructive environment.
- Solicitor-led negotiation: Sometimes, parents prefer to have solicitors guide discussions to ensure both legal rights and practical needs are respected.
- Parenting plans: A written plan that sets out how parents will share responsibilities, which can help avoid misunderstandings later.
In most cases, parents must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. This requirement is designed to reduce unnecessary litigation and help parents focus on practical solutions.
Resources such as GOV.UK’s guidance on children and divorce provide useful information on reaching agreements without court.
Applying for a Child Arrangements Order
If parents cannot agree, or if there are safeguarding concerns such as domestic abuse, then an application to court may be necessary.
The process usually follows these steps:
- Application: A parent (or carer) files form C100 with the court.
- Safeguarding checks: Cafcass (Children and Family Court Advisory and Support Service) will carry out checks to assess any risks to the child.
- First hearing: The court will explore whether agreement is possible and may issue directions.
- Further hearings: If needed, the court may hear evidence, appoint a guardian for the child, or request reports.
- Final hearing: If parents still cannot agree, the judge will make a decision and issue a Child Arrangements Order.
The final order will set out residence and contact in a legally binding way.
For more details, visit Cafcass to see how safeguarding and reporting work.
FAQs
How does the court decide who the child lives with?
Courts look at the child’s best interests, not the preferences of either parent. Stability, safety, and emotional well-being are central to these decisions.
Do fathers automatically have rights to child contact?
Fathers with parental responsibility have equal rights to mothers. Even without it, fathers can apply to court to secure contact, and courts generally support ongoing involvement unless there are safeguarding concerns.
Can grandparents apply for contact with a child?
Yes. Grandparents may need court permission first, but the court can grant contact if it benefits the child.
Can child arrangements be changed after an order is made?
Yes. If circumstances change, parents can apply to vary the order. The court encourages parents to use mediation before returning to court.
What happens if one parent breaches a Child Arrangements Order?
The parent can apply for enforcement. Courts can impose fines, unpaid work requirements, or even alter residence if repeated breaches occur.
Conclusion
Child arrangements are often the heart of family law disputes, because they involve the people parents care about most. The law provides a clear framework, but in practice, every case is unique.
At Waely Law, we take the time to understand your story, explain your options, and support you in reaching arrangements that are practical, fair, and child-focused. Whether through mediation, negotiation, or court, our goal is to protect what matters most – your children’s well-being.
✨ If you need advice on child arrangements, contact Waely Law today for a confidential consultation.
