Child arrangements England and Wales
Deciding where your children will live and how they will spend time with each parent is often the most emotional part of any separation. Legal language can feel impersonal, but family law in England and Wales is built around one clear principle: the child’s welfare comes first.
In 2026, the emphasis is firmly on cooperation rather than conflict. Courts increasingly expect parents to work together to create practical, child-focused arrangements wherever possible.
This guide explains how child arrangements work today—from informal agreements to court orders—so you can make informed decisions during a difficult time.
Quick answer: How do child arrangements work in 2026?
- Child-first approach: Decisions must prioritise the child’s welfare, not parental fairness.
- Modern terminology: “Custody” and “access” are no longer used. Instead:
- Live with (where the child lives)
- Spend time with (contact arrangements)
- Mediation is usually required: You must attend a MIAM before applying to court, unless exemptions apply.
- Parenting plans are common: Many families agree arrangements in writing without court involvement.
- Court as a last resort: If agreement isn’t possible, a court can issue a Child Arrangements Order.
Understanding parental responsibility
Before discussing living arrangements, it’s important to understand Parental Responsibility (PR). This refers to the legal rights and duties a parent has regarding a child’s upbringing.
Who has parental responsibility?
- Mothers automatically have PR.
- Fathers or second parents have PR if:
- They were married to the mother at the time of birth; or
- They are named on the birth certificate (for births registered in England and Wales after 1 December 2003).
Others (e.g. step-parents) may acquire PR through agreement or court order.
What does parental responsibility mean in practice?
Having PR means being involved in major decisions, including:
- Education (e.g. choice of school)
- Medical treatment
- Religious upbringing
- Moving abroad
Even if a child primarily lives with one parent, key decisions must usually be shared.
Child arrangements England and Wales: Creating a parenting plan without court
Most separating parents reach agreement without involving a judge. A parenting plan is a practical, written document that helps structure co-parenting.
What should a parenting plan include?
- Weekly living arrangements (school days and weekends)
- Holiday schedules (e.g. Christmas, summer)
- Communication methods between parents
- Birthdays and special occasions
- Flexibility for changes
Although not legally binding, a parenting plan provides clarity and reduces conflict over time.
The role of mediation and the MIAM
Before applying to court, most parents must attend a Mediation Information and Assessment Meeting (MIAM).
What happens at a MIAM?
A trained mediator will:
- Explain how mediation works
- Assess whether your case is suitable
- Explore whether agreement is possible
If mediation proceeds, sessions are arranged to help both parents reach a mutually acceptable outcome.
When is a MIAM not required?
You may be exempt if:
- There is evidence of domestic abuse
- The case is urgent (e.g. risk of harm or abduction)
- Previous mediation has already been attempted
If mediation is unsuitable or unsuccessful, you’ll receive a certificate allowing you to apply to court.
Find a local mediator on the Family Mediation Council website.
When the court steps in: Child arrangements orders
If agreement isn’t possible, you can apply to the court using Form C100 for a Child Arrangements Order.
This order determines:
- Where the child lives
- When and how they spend time with each parent
What the court considers: The welfare checklist
Courts base decisions on the Children Act 1989 welfare checklist, which includes:
- The child’s wishes and feelings (considering age and understanding)
- Physical, emotional, and educational needs
- The likely impact of any changes
- Age, sex, background, and relevant characteristics
- Any harm suffered or risk of harm
- Each parent’s ability to meet the child’s needs
The child’s welfare is always the paramount consideration.
Who is CAFCASS and what do they do?
CAFCASS (Children and Family Court Advisory and Support Service) supports the court by focusing on the child’s best interests.
Their role includes:
- Carrying out safeguarding checks (police and social services)
- Speaking with both parents
- Speaking with the child (in some cases)
- Preparing a report with recommendations for the court
Their input often plays a key role in the final decision.
You may also find this guide helpful: Can a judge go against a CAFCASS report? A clear guide for parents (England & Wales)
Other types of court orders
Sometimes disputes focus on a specific issue rather than overall arrangements.
Specific issue orders
Used to resolve a particular disagreement, such as:
- Choice of school
- Medical treatment
- Religious upbringing
Prohibited steps orders
Prevent a parent from taking certain actions, for example:
- Moving a child to another area
- Taking a child abroad without consent
See also:
How to file for divorce in England and Wales (2026): Step-by-step online guide
Divorce financial settlement (England and Wales, 2026): How assets are divided
Frequently asked questions
Is there a legal right to 50/50 contact?
No. There is no automatic right to equal time. The law encourages involvement from both parents, but arrangements depend on the child’s needs and practical considerations.
At what age can a child decide where they live?
There is no fixed age. However:
- Younger children’s views carry less weight
- Older children (typically 12+) are given increasing consideration
- A teenager’s wishes can be highly influential
The court still makes the final decision based on overall welfare.
Can contact be stopped if maintenance isn’t paid?
No. Child maintenance and contact are treated separately under the law.
If payments are an issue, this should be handled through the Child Maintenance Service (CMS)—not by restricting contact.
Can I move house with my child after divorce?
It depends:
- Within England and Wales: You may move, but not if it disrupts arrangements without agreement
- Abroad or significant relocation: You usually need:
- Consent from the other parent with PR; or
- A court order
Child arrangements England and Wales: Final thoughts
Child arrangements are rarely static. As children grow, their needs, routines, and preferences change.
The legal framework exists to protect children—but the most stable outcomes are usually those agreed between parents. A flexible, cooperative approach will almost always serve your child better than a contested court battle.
This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.
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