One of the most emotionally difficult parts of any separation or divorce is figuring out arrangements for children. In the UK, the term "custody" isn't actually used in law anymore — instead, the courts use Child Arrangement Orders to determine where a child lives and how much time they spend with each parent.
What Is a Child Arrangement Order?
A Child Arrangement Order (CAO) is a legally binding court order that sets out:
Who the child lives with (previously referred to as "residence")
How much time the child spends with the other parent (previously referred to as "contact" or "access")
These orders can be agreed between parents and formalised by the court, or decided by a judge where parents cannot reach agreement.
Do You Need to Go to Court?
Not necessarily. Many parents are able to agree arrangements informally or through mediation, without ever needing a court order. In fact, courts generally expect parents to attempt mediation first (via a Mediation Information and Assessment Meeting, or MIAM) before applying for a Child Arrangement Order, unless there are safeguarding concerns such as domestic abuse.
What Does the Court Consider?
When a judge does need to decide, the child's welfare is always the paramount consideration. The court applies the "welfare checklist" under the Children Act 1989, which includes factors such as:
The child's own wishes and feelings (considered in light of their age and understanding)
The child's physical, emotional, and educational needs
The likely effect of any change in circumstances
The child's age, sex, and background
Any harm the child has suffered or is at risk of suffering
How capable each parent is of meeting the child's needs
Common Types of Arrangements
Living with one parent, regular contact with the other — often weekday/weekend or alternating schedules
Shared care arrangements — where the child splits time roughly equally between both parents
Supervised contact — used where there are safety concerns, allowing contact to continue under supervision
No direct contact — in rare, serious cases where contact would pose a risk to the child
What About Parental Responsibility?
Parental responsibility is separate from a Child Arrangement Order. It refers to the legal rights and responsibilities a parent has to make decisions about a child's upbringing — such as education, medical treatment, and religion. Mothers automatically have parental responsibility; fathers have it automatically if married to the mother at birth, or can acquire it through being named on the birth certificate (post-2003), a parental responsibility agreement, or a court order.
What If Circumstances Change?
Child Arrangement Orders aren't necessarily permanent. If circumstances change significantly — such as relocation, a change in a child's needs, or safeguarding concerns — either parent can apply to vary the order.
Tips for Navigating Child Arrangements
Prioritise stability and routine for your child wherever possible
Keep communication with your co-parent civil and child-focused, even where the relationship is difficult
Consider mediation first — it's often faster, cheaper, and less stressful than court
Document agreements in writing, even informal ones, to avoid future disputes
Seek legal advice early if there are any safeguarding concerns
How We Can Help
Our family law solicitors provide clear, child-focused guidance through every stage of the process — from mediation to court representation where necessary. We're here to help you protect your relationship with your child while working toward practical, lasting arrangements.
