UK Child Arrangement FAQs 

In the UK, and only when necessary, child arrangements are formalised through legal orders that determine where a child lives, with whom, and how much time they will spend with each parent. These arrangements often become necessary following a divorce or separation. While many parents can agree on arrangements informally, courts may need to step in if an agreement cannot be reached.

In this article, Alastair Sinclair, Senior Litigation Consultant at Setfords, explores child arrangements in the UK and addresses some of the frequently asked questions he receives.

Child custody in the UK

Although the term “child custody” is still sometimes used informally, it is not the correct legal term in UK family law. Instead, orders such as “live with” and “spend time with” are more appropriate and reflective of current practice.

Who decides where a child will live after a divorce?

Upon divorce or separation, the primary concern is the child’s best interests. Many parents can reach an amicable agreement about who will care for the child and when. Typically, this results in shared parenting, with joint decisions made about important aspects of the child’s upbringing, such as health and schooling.

However, if the courts need to intervene, they will consider various factors to determine the most appropriate arrangements for the child, including where the child will live.

What are the different types of child arrangement orders?

Child arrangement orders typically set out where a child will live, with whom, and how the other parent or those with parental responsibility will maintain contact. The two most common types of child arrangement orders are:

Lives With Orders

Lives with orders establish where and with whom the child will live.

Spend Time With Orders

Spend time with orders outline the terms under which the parent who does not live with the child can spend time with them.

Other types of child arrangement orders include:

Specific Issue Orders

Specific issue orders address specific aspects of the child’s upbringing, such as their education or healthcare.

Prohibited Steps Orders

Prohibited steps orders limit what a parent or guardian can do with the child, often prohibiting actions like moving the child out of the country.

If you’re uncertain about which order might be right for your situation, an expert family law solicitor can provide clarity and guidance, ensuring you understand all your options.

How do courts determine child arrangements?

When determining child arrangements, the courts prioritise the child’s best interests. This involves considering several factors, such as:

• The child’s wishes, depending on their age and understanding
• The child’s relationship with each parent
• Which parent has been the primary caregiver
• Each parent’s ability to provide appropriate care, including their living environment and physical and mental health
• Any history of neglect, abuse, or violence

The courts aim to ensure the child is safe, well-cared for, and that their needs are met. Stability and continuity are also key considerations. Since every case is unique, the courts will weigh different factors based on the individual circumstances.

What is the process for getting a Child Arrangement Order?

If an informal agreement between parents cannot be reached, the following steps can be taken to obtain a child arrangement order:

Consult a Family Law Solicitor

A solicitor can provide tailored advice for your specific case.

Mediation

Alternative dispute resolution methods, such as mediation, are often encouraged to avoid going to court. In cases involving domestic abuse, mediation is not required.

Apply for a Court Order

If an agreement is still unattainable, you can apply for a court order.

Directions Hearing

The court will arrange a directions hearing to determine the issues and assess any risk to the child.

Consent Order

If an agreement is reached at this stage, the court can prepare a consent order, concluding the proceedings.

Further Court Proceedings

If no agreement is reached, the court will set out the next steps, which may include additional attempts to settle before making a final decision on child arrangements.

Is a Child Arrangement Order legally binding?

Yes, child arrangement orders issued by the courts are legally binding. Agreements reached informally or through mediation are not legally binding unless they are made into a consent order by the court.

What should I do if the other parent violates the Child Arrangement Order?

If the other parent fails to comply with the terms of a child arrangement order, you may seek court enforcement. The outcomes vary, from modifying the order to reflect the breach to mandating mediation or imposing fines and other penalties. Throughout these proceedings, the child’s best interests remain the court’s primary concern.

Who can apply for a Child Arrangement Order?

Child arrangement orders are usually applied for by one of the biological parents during separation or divorce. However, anyone with parental responsibility may also apply, depending on the circumstances.

What about child arrangements when parents are in different countries?

Applying for child arrangement orders can be stressful, and when parents reside in different countries, the complexity increases. As always, the child’s best interests should be the main consideration. Determining the child’s primary residence is a crucial first step. It’s vital to obtain legal advice from solicitors in each relevant jurisdiction to ensure that any child arrangement orders are enforceable in both countries. At Setfords, we have the expertise to handle multi-jurisdictional family law disputes – please get in touch for more information.

Conclusion

Child arrangement matters can be emotionally complex and challenging, whether you’re navigating informal agreements, mediation, or court proceedings. As a Senior Litigation Consultant, I understand the importance of finding the best outcome for your family. I am here to offer expert guidance, compassionate support, and practical solutions for all your child arrangements and financial matters.

If you need assistance or simply want to discuss your options, don’t hesitate to reach out. Contact me to schedule a consultation, and let’s work together to create the best plan for you and your family.