Disagreements about where a child should live, how much time they spend with each parent, or how important decisions should be made can be emotionally difficult for everyone involved. If communication breaks down, a Child Arrangement Order may be needed to provide clarity and structure, always with the child’s welfare as the court’s primary concern. This guide explains what Child Arrangements are, how they work in the UK, and how to get legal support if you’re navigating a custody dispute.
What Is a Child Arrangements Order?
A Child Arrangements Order is a legal order made by the Family Court under the Children Act 1989. It sets out:
- Who the child will live with (sometimes referred to as the “resident parent”)
- Who the child will spend time with, and when
- Any conditions around those arrangements, such as supervised contact
It replaces what used to be known as residence orders and contact orders. You may still hear people use terms like “child custody” or “access,” but legally, these now fall under the umbrella of Child Arrangements.
Who Can Apply for a Child Arrangements Order?
Most commonly, parents apply for a Child Arrangements Order when they cannot agree between themselves. However, other individuals can also apply, including:
- Step-parents or guardians
- Grandparents, aunts or uncles (with court permission in most cases)
- Anyone who has lived with the child for a significant period of time
If you are not a parent or don’t have parental responsibility, the court will usually require you to request permission (known as leave to apply) before you can proceed.
What Does the Court Consider?
The court’s guiding principle is always the child’s welfare. Judges use something called the welfare checklist to make their decision. This includes:
- The child’s wishes and feelings (considered in light of age and understanding)
- Physical, emotional, and educational needs
- The effect of any change in circumstances
- Any risk of harm
- The ability of each parent or carer to meet the child’s needs
Where possible, the court will encourage both parents to play an active role in their child’s life, unless there are safeguarding concerns.
Understanding Parental Responsibility
Parental responsibility means the legal rights and duties a parent has towards their child, including decisions about schooling, medical care, religion, and more.
- Mothers automatically have parental responsibility.
- Fathers have it if they were married to the mother when the child was born, or if they are listed on the birth certificate (for births registered after 1st December 2003 in England & Wales).
- Unmarried fathers not named on the birth certificate can acquire it via a Parental Responsibility Agreement or court order.
Even if one parent is granted a live with order, both parents can continue to share parental responsibility unless the court specifically decides otherwise.
Can a Child Arrangements Order Be Enforced?
Yes, a Child Arrangements Order is a legally binding court order. If one parent breaches it without a reasonable excuse (for example, preventing contact), the other parent can apply to enforce it.
The court has various enforcement options, including:
- Ordering unpaid work (community service)
- Fines
- Mandatory parenting programmes
- In rare and serious cases, imprisonment
The court will always first seek to understand the reasons behind a breach before applying sanctions.
What If Parents Can’t Agree?
If parents are struggling to reach an agreement about child arrangements, there are several steps to take before going to court:
- Solicitor negotiation: A family law solicitor can help by writing to the other party to suggest arrangements.
- Mediation: This is often required before court. A trained mediator helps both sides find common ground.
- Court application: If all else fails, the court becomes involved and can make a decision based on the child’s best interests.
Can I Get Legal Aid for Child Arrangements?
Legal aid may be available if:
- You have evidence of domestic abuse or child safeguarding concerns
- You are on a low income or receive benefits
- You are applying for a protective order in addition to child arrangements
At Berkson Family Law, our solicitors can assess your eligibility for legal aid in child custody cases and guide you through the process step by step.
Support for Parents Navigating Child Arrangements
Every family is different, and deciding on child arrangements after separation can be stressful and emotional. But you don’t have to go through it alone. Whether you’re considering applying for a court order, need advice about parental responsibility, or want to understand your legal rights, we’re here to help.
At Berkson Family Law, we specialise in supporting parents through child arrangement disputes with empathy, clarity, and expertise. Our team includes Children Panel-accredited solicitors and legal aid family law specialists experienced in handling complex, sensitive cases.
If you need advice or feel ready to take the next step, you can book a free, confidential consultation with one of our solicitors today. Or if you would prefer to talk it through first, email us at info@berksonfamilylaw.co.uk.