Child Arrangements

When parents separate, agreeing on arrangements for where children will live and how much time they spend with each parent is often one of the most important and sensitive issues to resolve.

In England and Wales, the court can make a Child Arrangements Order (CAO) setting out with whom a child lives (previously called a residency order), when and how the child spends time with or otherwise has contact with a parent or other person, and any other arrangements for the child’s care.

Parents are strongly encouraged to agree on arrangements without resorting to court. The family courts expect parties to attempt mediation before making an application, and attendance at a Mediation Information and Assessment Meeting (MIAM) is usually required. Courts intervene when agreement is not possible and the welfare of the child requires a judicial decision.

The welfare of the child is always the paramount consideration. The court applies the welfare checklist from the Children Act 1989, which includes the child’s physical, emotional, and educational needs, the effect of any change in circumstances, and any harm the child may have suffered or be at risk of suffering.

Arrangements can be practical and flexible — they do not always require the symmetrical division of time associated with “shared care.” The right arrangement depends entirely on the child’s needs and the family’s circumstances.

Terence Ray Solicitors represents parents in both negotiated and contested child arrangements proceedings. Our family team will support and guide you throughout.

Call 020 3367 1430 or email info@trsolicitors.co.uk.