Child Arrangements UK | What Family Courts Focus On

Child Arrangements After Separation: What the Court Really Focuses On

When parents separate, one of the most important questions is how children will share their time between households. This can feel emotional, overwhelming, and uncertain. The law in England and Wales puts children’s wellbeing at the centre of every decision, aiming to create stability, safety, and a positive future.

What Are Child Arrangements?

Child arrangements cover the practical day-to-day plans for where your child lives and how they spend time with each parent. Parents can agree on arrangements independently, through mediation, or with legal guidance. If they cannot agree, the Family Court can make a Child Arrangements Order to determine the outcome.

The goal is to ensure children maintain safe, stable, and nurturing relationships with both parents, wherever possible.

What Does the Court Prioritise Most?

The Family Court does not focus on parental “rights” — it focuses on what is best for the child. Under Section 1 of the Children Act 1989, judges follow the Welfare Checklist to assess each case.

• Your child’s wishes and feelings (depending on age and maturity)
• Physical, emotional, and educational needs
• Effect of any changes to their current situation
• Age, background, and relevant characteristics
• Any risk of harm
• Each parent’s ability to meet their needs
• The range of available options

This ensures decisions are made around the child’s welfare — not parental conflict.

Do Children Get a Say?

Yes, children’s views are considered — but they are not asked to “choose” between parents. Their opinions are weighed alongside their age and emotional needs. The aim is to listen to them without creating pressure or conflict.

Do Courts Favour Mothers Over Fathers?

No. The law does not favour one parent over the other. The court’s goal is to ensure children have meaningful relationships with both parents, as long as it is safe and in the child’s best interests.

Reaching Agreements Without Going to Court

Parents are encouraged to reach agreements collaboratively where safe. This reduces conflict and creates a more stable environment for children.

• Calm discussions between parents
• Mediation (including a MIAM)
• Parenting plans
• Negotiation through solicitors

Agreed arrangements usually work better long-term than court-imposed orders.

When Court Becomes Necessary

The court is a last resort, but sometimes essential when there are welfare concerns or serious disputes. Reasons may include:

• Safeguarding or welfare concerns
• Risk of harm to the child
• Communication breakdown
• Domestic abuse or coercive control
• Parental alienation or blocked contact

The court may involve CAFCASS (Children and Family Court Advisory and Support Service) to assess the situation and make recommendations.

What Does a Child Arrangements Order Do?

This legally binding order sets out where your child lives and how they spend time with each parent. It can also cover communication methods (in-person, calls, or video) and specify supported or supervised contact if needed.

Orders are flexible and tailored to a child’s specific needs — including phased contact increases, clear handover routines, and school holiday schedules.

Keeping the Focus on Your Child

• Shield children from parental conflict
• Maintain consistent routines
• Encourage open, respectful communication
• Help children feel secure and loved

Although your relationship as partners may end, your shared role as parents continues. A child-focused approach offers the strongest foundation for their wellbeing and emotional security.

Key Takeaways

• Child arrangements prioritise welfare, safety, and emotional stability
• The Welfare Checklist ensures each decision supports the child’s best interests
• Children’s views are heard but not decisive
• Parents are urged to agree arrangements without court where possible
• The court steps in only when safety or agreement is at risk

Contact Prime Legal Solicitors

For clear, compassionate, and professional advice on child arrangements or any family law matter, contact Prime Legal Solicitors. Call 0330 341 4757 or use our online enquiry form to book your consultation today.