Child arrangements focus on securing stability, routine, and emotional wellbeing for
children.
This guide explains how decisions are made — whether through agreement, mediation, or
court.
THE LEGAL TEST: THE WELFARE PRINCIPLE
The court’s primary consideration is the child’s best interests.
Judges look at:
- Emotional needs
- Stability
- Schooling
- Relationship with each parent
- Wishes and feelings (age-dependent)
PARENTING PLANS
A well-crafted parenting plan covers:
- Weekly routine
- Weekends
- Holidays
- Travel arrangements
- Communication
- Costs (travel, clubs, clothing)
ROUTES TO AGREEMENT
- Direct discussions
- Solicitor negotiation
- Mediation: A MIAM is compulsory unless exempt.
- Court (C100 application) Used when agreement is impossible.
COURT ORDERS
Orders may include:
- Child Arrangements Orders
- Prohibited Steps Orders
- Specific Issue Orders
ENFORCEMENT
Breaches can lead to:
- Warning notices
- Community penalties
- Variation of the order
- Transfer of residence (serious cases)
KEY QUESTIONS
- What schedule works best for the children?
- What practical issues do we need to resolve?
- Is court necessary?
- Will this arrangement last long-term?
