Children arrangements

A Child Arrangements Order is a court order setting out where children live and how they spend time with each parent. It can be specific (every other weekend, half of the school holidays) or framed more loosely. It replaces the older language of 'residence' and 'contact'.

Direct conversation often hits a wall. Mediation is the next step and resolves a high proportion of disputes - and the law usually requires it before court in any event. Where mediation is not suitable or does not produce an agreement, the court remains available as a final route.

In some cases, CAFCASS may speak to children in age-appropriate ways, and judges occasionally meet older children, usually around twelve and above. Children are not asked to choose between their parents; they are asked about their feelings and what they are worried about.

That is an outdated picture. The court's only test is the welfare of the children, set out in a checklist which has nothing to do with which parent is the mother. Fathers are no less likely to secure substantial time with their children, where that is right for the children.

Contact should only be withheld where there is a real safeguarding concern, and even then carefully. The starting point in English law is that children benefit from a relationship with both parents. Withholding contact without good reason can damage your position when the question comes before a court.

Child maintenance is usually dealt with separately, through the Child Maintenance Service, rather than as part of the children arrangements themselves. We can help you understand what is payable and how it interacts with any wider financial settlement.