Making a Child Arrangement Order After Divorce or Separation
When a relationship ends, your children’s welfare will naturally be your priority. Questions about where they will live, how time is shared between parents, and how decisions will be made can feel overwhelming - especially if you and your co-parent can’t agree easily.
A child arrangement order can help provide clarity. It sets out who your child will live with and how they will spend time with each parent, so both parents know what to expect day to day. While many parents reach arrangements, without going to court, sometimes a formal order is the most reliable way to avoid disputes and ensure your child’s routine is protected.
What is a Child Arrangement Order?
A child arrangement order (previously known as a child contact order or child residence order) is a legal decision made by the family court.
It determines:
- Where a child lives
- How much time a child spends with each parent or other significant individuals
The order applies to children under 16 and can be made by anyone with parental responsibility, or in certain circumstances, other family members with the court’s permission. It provides a clear structure for day-to-day life, so both children and parents know what to expect.
You can read more about how we support families with these arrangements on our Children and Family Law page.
Exploring Your Options Before Court
Not every disagreement requires a court application. In many cases, parents can reach an agreement with the help of family mediation. Mediation gives both parents a neutral space to talk through arrangements and agree practical solutions that fit their child’s life.
Most parents will attend a Mediation Information and Assessment Meeting (MIAM) before making a child arrangement order application, unless an exemption applies.
Even if mediation doesn’t resolve every issue, it can help clarify the points of dispute and make the court process simpler for child arrangements.
How the Court Process Works
If mediation isn’t suitable or an agreement cannot be reached, a formal child arrangement order application can be submitted to the family court.
This application sets out:
- The child’s current living arrangements
- The arrangements being sought
- Information about parents and any other relevant parties
The court’s priority is always the child’s welfare. Judges consider factors such as:
- The child’s wishes and feelings, depending on age and maturity
- Emotional, physical, and educational needs
- Each parent’s ability to meet those needs
- Any history of harm, abuse, or safeguarding concerns
This forms part of the child custody process, which may include temporary orders to manage arrangements while waiting for a final decision. Once a child arrangement order is granted, it is legally binding, and the court can take action if the order is not followed.
For further guidance on family court child arrangements, including the steps involved in a child arrangement order application and the wider child custody process, speak to our Family Law team. You can call us on 024 7663 2121, email us at info@bandhattonbutton.com or request a call back.