FAMILY LAW

Arrangements for Children After Separation

How parents agree where their children live and how they spend time with each parent, and what happens if you cannot agree.

Agreeing arrangements between you

Most parents agree where their children will live and how time is shared, and that is almost always better for the children than going to court. Arrangements can be as flexible as you like, covering school days, weekends, holidays and special occasions. We can help you reach an agreement, and write it down so that you each know what has been agreed.

Parental responsibility

Parental responsibility is the legal responsibility for making important decisions about a child, such as where they go to school. A mother has it automatically. A father has it if he was married to the mother when the child was born, or is named on the birth certificate, or if he later acquires it by agreement or by a court order. Separation does not take away parental responsibility.

If you cannot agree

  • Mediation. A trained mediator helps you reach an agreement. You would normally attend a Mediation Information and Assessment Meeting (a MIAM) before applying to the court, unless an exemption applies, such as domestic abuse.
  • Solicitor negotiation. We can negotiate on your behalf, or help you through a round-table meeting.
  • The court. If nothing else works, you can apply for a child arrangements order.

Child arrangements orders

A child arrangements order decides who a child lives with, and when they spend time with the other parent. The court's overriding concern is the child's welfare. It looks at things like the child's wishes and feelings, their needs, the effect of any change, and each parent's ability to meet those needs. In Wales, Cafcass Cymru supports the court by speaking to the family and reporting on the child's best interests. There is no automatic equal split of time.

Moving away

If you want to take a child to live abroad, you need the other parent's consent or the court's permission. A move within the UK that would make existing arrangements hard to keep should also be discussed first. Take advice early if relocation is likely.

Money for the children is a separate matter: child maintenance is usually agreed between parents or arranged through the Child Maintenance Service. See also our guide to financial settlements on divorce.

Frequently asked questions

Do we have to go to court?

Most parents agree arrangements without going to court, and a court application is usually a last resort. Before applying, you would normally have to attend a Mediation Information and Assessment Meeting (a MIAM), unless an exemption applies, for example where there has been domestic abuse.

At what age can a child choose who to live with?

There is no set age. The court considers a child's wishes and feelings, giving them more weight as the child gets older and more mature, but the decision is always based on what is best for the child.

What if the other parent will not let me see my child?

We would start by trying to resolve it through discussion or mediation. If that fails, you can apply to the court for a child arrangements order, and the court has powers to enforce its orders.

Can I move away with my child?

Moving a child to live abroad needs the other parent's consent or the court's permission. A move within the UK that would make existing arrangements difficult should also be discussed first, and we can advise on your position.

Useful links

More helpful sites are collected on our useful links page. We are not responsible for the content of other websites. This page gives general information, not legal advice, and is correct as at October 2026.

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