Child Arrangements – The Complete Guide

Paradigm Family Law - Guides and Resources

This guide explains how child arrangements are decided in England and Wales, with the child’s welfare as the court’s primary focus. It covers parenting plans, routes to agreement (including mediation and court), the types of orders available, and what can happen if an order is breached.

Table of Contents

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:

  1. Emotional needs
  2. Stability
  3. Schooling
  4. Relationship with each parent
  5. Wishes and feelings (age-dependent)

PARENTING PLANS

A well-crafted parenting plan covers:

  1. Weekly routine
  2. Weekends
  3. Holidays
  4. Travel arrangements
  5. Communication
  6. Costs (travel, clubs, clothing)

ROUTES TO AGREEMENT

  1. Direct discussions
  2. Solicitor negotiation
  3. Mediation: A MIAM is compulsory unless exempt.
  4. Court (C100 application) Used when agreement is impossible.

COURT ORDERS

Orders may include:

  1. Child Arrangements Orders
  2. Prohibited Steps Orders
  3. Specific Issue Orders

ENFORCEMENT

Breaches can lead to:

  1. Warning notices
  2. Community penalties
  3. Variation of the order
  4. Transfer of residence (serious cases)

KEY QUESTIONS

  1. What schedule works best for the children?
  2. What practical issues do we need to resolve?
  3. Is court necessary?
  4. Will this arrangement last long-term?

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