What Are Child Arrangements?
Child arrangements are the practical decisions made about a child’s living and contact arrangements when parents separate or divorce. Their main purpose is to ensure that children have stability and maintain relationships with both parents and other important family members, even after a family breakdown.
Child arrangements typically cover two main aspects: where the child will live (sometimes called ‘residence’) and how much time they will spend with each parent or other relatives (often referred to as ‘contact’). These arrangements can be agreed informally between parents, or, if agreement isn’t possible, set out in a legally binding court order known as a Child Arrangements Order.
Whatever the approach, the law in the UK is clear that the child’s welfare must always come first. All decisions are made with the best interests of the child as the top priority, guided by what is known as the welfare checklist. This checklist helps ensure that every child’s needs and circumstances are carefully considered.
While many separated parents can reach informal agreements that work well for their family, there are situations where a formal court order is needed – especially if there are disagreements or concerns about safety. The Family Court can step in to make decisions if parents cannot agree, always focusing on what will best support the child’s welfare.
Understanding child arrangements is crucial for anyone going through divorce and separation, as it helps ensure that children are protected and supported during a challenging time. For a wider look at related legal matters, you may also want to explore our information on family law.
Child Arrangements Order
A Child Arrangements Order is a legal order made by the family court under Section 8 of the Children Act 1989, Section 8. It sets out important details about where a child will live, who they will spend time with, and how contact with each parent or other significant people will be managed after a separation or divorce. Parents may need to apply for a Child Arrangements Order when they cannot agree on these arrangements themselves, or if there are concerns about a child’s welfare.
Applying for a Child Arrangements Order involves making an application to the family court, which will always put the child’s best interests first. The court considers several factors, including the welfare principle, to ensure any order supports the child’s wellbeing and ongoing relationships with both parents where appropriate.
For a full explanation of how Child Arrangements Orders work, when you might need one, and what the court takes into account, visit our dedicated Child Arrangements Order page. You can also find more detailed guidance from external sources, such as Child Arrangement Orders | Resolution.
Parental Responsibility
Parental responsibility is a legal term that defines the rights, duties, powers, and responsibilities a parent has for their child. It covers important decisions about a child’s upbringing, such as where they live, their education, medical treatment, and religious upbringing. In the UK, mothers automatically have parental responsibility from birth, while fathers usually have it if they are married to the mother or are listed on the birth certificate (after a certain date). Others, such as step-parents or civil partners, may acquire parental responsibility through legal agreements or court orders.
Having parental responsibility means you have a say in significant decisions affecting your child’s life, including those about child arrangements after separation or divorce. Day-to-day care, as well as major choices about your child’s welfare, are influenced by who holds this responsibility. The legal framework for parental responsibility is set out in Section 3 of the Parental Responsibility (Children Act 1989, Section 3), which is a key part of the law governing child arrangements in the UK.
To understand exactly who has parental responsibility, how it can be gained, and what it means in practice, visit our dedicated parental responsibility page. This page explains the legal rules in more detail and how they relate to making arrangements for your child’s care and contact.
For more background on the legal principles that guide child arrangements, you can also refer to the Children Act 1989, which sets out how the courts approach these important decisions.
Child Relocation and Removal from Jurisdiction
When parents separate, questions can arise about moving a child to a new location – whether that’s elsewhere in the UK or to another country. This process is known as child relocation. The law sets clear rules about when and how a parent can relocate with their child after separation.
If you wish to move your child to a different part of the UK or abroad, you may need permission from everyone with parental responsibility. In many cases, especially when moving abroad, you must either obtain the written consent of the other parent or apply to the court for permission. The legal framework for these decisions is outlined in the Children Act 1989, Section 13, which sets out when court consent is required.
When deciding whether to allow a relocation, the court’s main concern is the best interests of the child. This means the court will consider factors such as the child’s welfare, relationships with both parents, and the practical impact of the move.
Relocation can have significant implications for both parents and children. If you are considering moving, it’s important to understand the legal process, potential risks, and the factors the court will consider. For a detailed overview of the legal requirements, steps involved, and how courts make decisions in these cases, see our dedicated page on child relocation.
Emergency Protection Order
An Emergency Protection Order (EPO) is a legal order used when a child needs urgent protection, often in situations where there is immediate risk of harm. If concerns arise about a child’s safety – such as suspected abuse or neglect – an EPO can be requested to ensure the child is kept safe, sometimes by removing them from their current environment or restricting contact with certain individuals.
An EPO can temporarily change existing child arrangements, overriding where a child lives or who they see, but only for a short period. The main aim is to safeguard the child while longer-term solutions are considered.
Applications for an EPO can be made by a Local Authority, the NSPCC, or, in rare cases, by individuals with permission from the court. The process and requirements for applying are set out in the Children Act 1989, Section 44 and detailed in the Family Procedure Rules 2010 Form C110a.
To learn more about when an EPO may be needed, how it works, and the steps involved in applying, visit our dedicated Emergency Protection Order page. This guide explains the legal process, who can apply, and how emergency protection helps keep children safe.
Enforcement of Child Orders
If a Child Arrangements Order is not being followed, it can be distressing for both you and your child. The law provides clear steps to help ensure that the arrangements set by the court are respected. Under the Children Act 1989, Section 8, the court can issue orders about where a child lives and who they spend time with. If these orders are breached, you have the right to ask the court to enforce them.
Enforcement is designed to protect your child’s welfare and maintain stable arrangements. The court may take various actions if someone does not comply, such as issuing warning notices, ordering unpaid work, or even changing the arrangements. These measures are always focused on the best interests of the child.
To learn more about what steps you can take, what the legal process involves, and the possible consequences for not following a court order, please see our dedicated page on enforcement of child orders. This page covers how enforcement works, what evidence you may need, and how the court ensures that the child’s needs come first.
For a clear explanation of what a Child Arrangements Order is and how it works, you may also find this external resource helpful.
Variation and Discharge of Child Orders
After a child arrangements order is made, circumstances can change. Parents or guardians may need to update the order – known as varying – or ask the court to end it altogether, called discharging. Common reasons for seeking changes include a parent moving, changes in a child’s needs, or concerns about welfare or safety.
To vary or discharge an order, you must apply to the court, usually by completing the official form under the Children Act 1989, Section 8. The court will always consider whether the change is in the child’s best interests, taking into account their welfare, wishes, and any risks involved.
If you are considering changing or ending a child arrangements order, our dedicated page on variation and discharge of child orders explains the process in detail, including who can apply, what evidence is needed, and what to expect during the court hearing. Visit this page for step-by-step guidance and further support.
Related Topics to Consider
When considering child arrangements, it’s helpful to be aware of other family law topics that may affect your situation. These areas often overlap, and understanding them can help you make informed decisions for your family.
One key area is child maintenance, which covers the financial support one parent pays to another to help with a child’s living costs. Agreements or orders about child maintenance often go hand-in-hand with decisions about where a child lives and how much time they spend with each parent.
If you are experiencing or have concerns about domestic abuse, this can have a significant impact on child arrangements. The law provides protections to ensure the safety and wellbeing of both children and parents in these situations.
Divorce and separation are common times when child arrangements need to be reviewed or established. The legal process of ending a relationship can affect where children live, their contact with each parent, and financial matters. In many cases, divorce financial orders are also made, which can influence the stability and future arrangements for children.
Your legal rights and responsibilities as a parent may also depend on your relationship status. Marriage and civil partnership can affect parental responsibility, inheritance, and decision-making for children.
In situations where a parent becomes unable to make decisions, power of attorney and mental capacity arrangements can be important. These legal tools help ensure someone trusted can make choices in the best interests of the child.
Planning for the future is also essential. Wills and death cover what happens to children if a parent dies, including guardianship and financial provision, making estate planning a key consideration for families.
If you need more guidance or support, see our overview of help if you have children, which explains the legal and financial help available for parents and carers.
