The law prioritises children’s needs and well-being. Always keep this in mind when you make arrangements after a divorce. If you need support or advice, our child arrangement order solicitors are here to help.
What are child arrangements after divorce or separation?
Separation is hard on the whole family. Unfortunately, children are often hit the hardest as they can feel caught between two warring parents and are uncertain about what the future holds for them.
That's why, however you might feel about your ex at this difficult time, you owe it to your children to put their needs first when you start to think about child arrangements after divorce.
Perhaps the first thing to say on the subject is that child arrangements after divorce or separation don't have to involve the courts or legal system. If both parties can come to a sensible arrangement about where the children will live once you're separated, and what access and financial arrangements are necessary, then you can go on making joint parental decisions as informally as you did before your relationship ended.
This will almost always be best for the children, particularly if you've referred to the welfare checklist used by the family court when agreeing on child arrangements with your ex. If you can’t reach an amicable agreement between the two of you, this checklist is what the family court judge will use when making a child arrangement order.
How do you decide child living arrangements after divorce or separation?
Obviously, there's a lot for you both to consider, especially if a child is over the age of nine or 10, as their wishes should also be considered. This is a time to set your own differences aside and look at things from your child's viewpoint.
Our family law experts and child arrangement order solicitors recommend that separating or divorcing couples take these 'big three' considerations into account:
Where the child or children will mainly live
How you'll ensure that the children spend enough time with both parents
When and where this will happen
Factors such as proximity to school and friends should also play a part in your discussions, but the biggest thing for you both to think about is: 'What will make our children happy?’
What if we can't agree child living arrangements after divorce or separation?
Where it isn't possible to reach agreement between parents, before applying to the family court for a child arrangements order, you must first attend a Mediation Information & Assessment Meeting (MIAM). Once this avenue has been tried, and if it's unsuccessful, you can then seek a child arrangements order in family law court.
This is a final court order made by the judge that decides which parent the child will live with and when the child should spend time with the other parent.
Importantly, in the eyes of the law, the starting point for all child arrangements is that the child should have contact with both parents, unless it can be demonstrated that this would adversely affect the child's welfare.
Bearing this in mind, if you're considering making an application for a child arrangements order, you may find it useful to speak to one of our experienced child arrangement dispute lawyers first.
We're here to treat you and your family with care and sensitivity, and like you, we want to find the best solution for your children. To talk to us, phone 0330 041 5869 or contact us online today and we'll be happy to call you.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
When should you consult a child arrangements solicitor?
It's wise to speak to us about child arrangements whenever you feel unsure of your rights or your child's welfare, or if you have a dispute you can't resolve amicably. The earlier the better, in most cases, as an early conversation can clarify a situation before it becomes urgent or messy.
Here are some specific moments when our expert legal advice can be especially helpful:
At the earliest sign of conflict about living or contact arrangements, or if the other parent is already blocking contact or access to the child
If you have safety concerns for your child, or the other parent is accusing you of something
Before applying to court or responding to a court application
If you're considering major changes such as relocating, changing the child's school or any other big decision which the other parent might dispute
What services do child arrangement solicitors provide?
Our child arrangements order solicitors offer end-to-end legal support for family law matters:
Initial legal advice: Get clarity on your legal rights and options regarding your children, for example where you stand in terms of applying for a child arrangements order and related issues such as parental responsibility.
Mediation referral and negotiation: We encourage amicable resolution wherever possible and can refer you to mediation and prepare you for the sessions or even communicate with the other parent on your behalf.
Preparing legal documents and court applications: Our divorce and children experts can handle important paperwork for you such as consent and child arrangements orders, plus preparing evidence if your case progresses.
Representation in court: Our solicitors can represent you in any court hearings, presenting your case to the judge persuasively and handling discussions with the other side's lawyer.
Enforcement and variations: If you wish to enforce, dispute or change a court order, our child arrangement dispute lawyers can advise on the best approach, whether through open communication or returning to court.
Why choose Slater and Gordon's child arrangement solicitors?
We know how difficult a divorce or separation can be on a family, particularly where young children are involved. Having the right support and guidance on hand can make all the difference.
Every family is unique, which is why we tailor our advice to your family's needs and strive to secure the best outcome for you. Our team of understanding and compassionate child arrangement lawyers has helped countless families find the best way forward, working through disputes and conflict, positively and constructively.
We are ranked in the independent legal directory Chambers and Partners and in the Legal 500, showcasing our dedication to providing outstanding family law services
Many members of our family law team have also been individually recognised in the Legal 500
We are Lexcel accredited, which was introduced by The Law Society as a quality mark for client cases, practice management and legal compliance
We pride ourselves on finding amicable solutions where possible, while ensuring your rights and interests are protected throughout the legal process to achieve the best outcome for you and your family
We’re proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues that considers the needs of the whole family
We have dedicated family offices nationally, including Manchester, Wirral, Liverpool and London, bringing national expertise to your doorstep.
We're an award-winning law firm and have a dedicated team of family solicitors to advise and guide you – no matter how complex your situation might be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Consultations are charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we provide tailored advice and guidance around divorce and children to suit your individual needs.
Local access
We're a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Child arrangements after divorce or separation: FAQs
What is a child care arrangement after divorce or separation?
If you and your partner get a divorce or separate and you have children together, it's important that you can agree on how the two of you will continue to care for your children now that you're no longer together. This should include where your children will live, how much time they'll spend with each of you, and when this will be.
Such matters are often agreed informally, although where disputes arise, it may be necessary to speak to a family lawyer who can advise on child arrangements.
What is the most common arrangement for children following separation or divorce?
Some of the most common child arrangements include:
'Lives with' arrangement: This is perhaps the most common child arrangement and involves children living permanently with one parent, with regular visits to the non-resident parent
Joint residency: Another popular child living arrangement after divorce, joint residency refers to children living with each parent in their respective homes for an equal amount of time (for instance, they may move between homes every week)
Flexible arrangements: As the name suggests, this tends to be less formal and requires good communication with parents, as arrangements will often need to be made ad-hoc depending on the schedules of the parents and children
Co-parenting: This is a much broader concept, underpinned by open communication between parents. It's a popular arrangement for same-sex couples, couples who have used a donor or surrogate, or for parents who have adopted a child, and the biological parent is still involved
Every family is unique, so the child arrangements that work for one (or even most) families may not work for you. The most important thing you can do is have an open and honest conversation with your ex-partner and consider what works best for you and your child.
Is a child arrangements order legally binding?
Yes. A child arrangements order is a type of court order, which means it is legally binding for both parties. Once the court makes a child arrangements order, both parents and anyone else it applies to are required by law to follow it. In other words, all parties need to obey the arrangements relating to where the child lives or how contact is arranged, or they could face enforcement action by the court.
How long does a child arrangements order last?
In most cases, a child arrangements order lasts until the child turns 16 years old, as set out by Section 91(10) Children Act 1989, unless the court specifies otherwise. In particular, any contact arrangements set out in the order will be legally enforceable up to the child's 16th birthday.
The 'live with' element of an order can technically be imposed until the child turns 18, but this is rarely enforced by the courts unless there are concerns about the child’s welfare. Once the child reaches the age of 16, arrangements are generally left to the young person – for example, a teen can often choose how much time to spend with each parent once a legal order finishes.
How much does a child arrangements order cost in the UK?
The court fee to apply for a child arrangements order is £263, as of late 2025. This is subject to change by the government.
Aside from the court fee, legal fees can vary depending on the route you take, such as mediation sessions and fixed-fee or hourly family solicitor support.
Our child arrangements order solicitors offer both options with full transparency. We'll talk through them in your initial consultation, so you can make an informed decision on the best option for you. Speak to us today on 0330 041 5869 or get in touch online.
How long does a child arrangements order take?
There's no one-size-fits-all timeframe ‒ it can vary widely depending on how complicated or contested the case is. The government advises that it usually takes around 10 months on average to get a final court order.
This accounts for complex cases with multiple court hearings, however. Straightforward cases where both parents reach an agreement can often be resolved much faster. Our legal experts help to set realistic expectations for your case and explore ways to speed up the process and reduce stress.
How can a child arrangements order benefit parents?
In family law, a child arrangements order can bring several benefits for disputing parents:
It gives clarity and structure around living and contact arrangements, with expectations set by a neutral party (the court) to avoid confusion and conflict.
It offers reassurance for parents who feel they're not getting a fair share of time with the child, as it's legally enforceable.
Most importantly, it protects your child's best interests. This is the court's main goal, so you can feel any arrangement is fair and safe.
If you're considering applying for an order, our expert solicitors can guide you through every step. Call us today on 0330 041 5869 or get in touch online.
Can you appeal a child arrangements order?
Yes, it is possible to appeal a child arrangements order, but you can only do so on certain legal grounds such as an error in law or procedure. In most cases, unless your case was heard by magistrates, you'll also need permission to appeal from the court.
Be aware you usually have only 21 days to file an appeal. The court will assess whether it has chance of succeeding, and if so, will review whether the first court made a mistake, rather than re-hear the case from scratch. The original order will stay in place during your appeal.
You cannot make an appeal simply because you disagree with the outcome or judge’s decision.
Our expert child arrangements dispute lawyers can help explore your options, so you can decide how to move forward.
Can a child arrangements order be changed?
Yes, a child arrangements order can be changed. There are two main routes to do so:
Agreement: If both parents agree on new arrangements, you don't always need to return to court. You can either agree informally, which isn't legally binding, or formalise the change by applying for a consent order, which updates the old order with new terms.
Court application: If you can't agree, one of you will need to apply to change the order via a C100 application. You'll likely need to attend mediation first, and the court will only reconsider arrangements if it's in the child's best interests.
How do I report a breach of child arrangements order?
If one party isn't following the order (for example, refusing to stick to an agreed contact schedule) you can report this to the court by applying for an enforcement of the order. Unless it's an emergency, this means submitting form C79 and paying an application fee, after which the court will hear your case.
The court will consider evidence from both sides to decide if the order was breached without a good excuse and if it should act, which may result in a penalty for the offending party, such as community service or compensation.
Does a child arrangements order give parental responsibility?
No, a child arrangements order does not usually grant parental responsibility unless you specifically apply for it.
The purpose of a child arrangements order is to set out living and contact arrangements between the child and their parents or guardians. In most cases, a parent or guardian who does not already have parental responsibility will need to apply to the court for a parental responsibility order.
However, where it is determined that the child should live with someone who lacks parental responsibility, that person will gain responsibility while the order is in place. If the order only covers contact with that person, the court may still decide to grant parental responsibility, but it's not guaranteed.
A child arrangements order also doesn't take away parental responsibility from a parent who already has it ‒ such as if a mother has sole responsibility and an order states the child will live with the grandmother.
In any case, our child arrangements order solicitors can swiftly clarify where you stand.
Is a child arrangements order the same as custody?
Yes, broadly speaking. The term 'custody' is no longer used in UK law, but it is still often used more colloquially by the general public to refer to who a child lives with.
Legally speaking, ‘custody’ has been replaced with ‘child arrangements’ under the Children Act 1989. Today, a child arrangement order will set out all living and contact arrangements for a child, determining who the child should live with (the resident parent or guardian) and the terms of contact between the child and the non-resident parent or guardian.
When can a child choose which parent to live with?
Legally, a child under 16 years old can't decide on their own which parent to live with ‒ it needs to be decided or approved by the court or agreed by both parents. A child arrangements order can also extend this to 17 or 18, if a judge deems it necessary.
However, in many cases children will express their wishes some time before this. The courts may take this into account, based on their age and maturity.
Do grandparents have rights to see their grandchildren after a divorce?
This can be a complex area of law. Grandparents don't have automatic legal right to see their grandchildren if one of the parents blocks access, but this doesn't mean all is lost.
As a grandparent, you can try informal solutions by speaking with both parents or using a mediation service. If these efforts fail, you can apply for a child arrangements order for contact with the grandchild, with the court's permission. It's more likely to be granted if you can prove you have a meaningful existing relationship with the child and it's in their interest.
What is an interim child arrangements order?
An interim order is a temporary court order that sets out arrangements for a child on a short-term basis ‒ in the 'interim' ‒ until your case is fully resolved. In contested cases, this might happen after a first hearing to give a child stability ahead of and during further hearings. An interim order stays in place until the court makes another interim order, or the final order replaces it.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)