A Guide To Child Arrangements (Child Custody)

When parents separate, one of the most important issues to resolve is the arrangements for their children.

This can include deciding where the children will live, how much time they will spend with each parent and how important decisions about their upbringing will be made.

At Wilson Browne Solicitors, we understand that discussions involving children can be emotional and sensitive. Our Family & Matrimonial Law team aims to provide clear, practical advice to help parents understand their options and focus on what is in the best interests of their children.

What Is Child Custody?

The term “child custody” is still widely used by parents and families, although it no longer has a formal legal meaning in England and Wales.

Historically, “custody” referred to the parent the child lived with, whilst the other parent would be granted “access.”

Following the introduction of the Children Act 1989, the terminology changed to focus more on the welfare of the child rather than parental ownership or rights. The Court now refers to:

• Child Arrangements
• “Live with” arrangements
• Time spent with each parent
• Parental Responsibility

Although many people still search for terms such as “child custody solicitor” or “full custody,” the Family Court now deals with these matters through Child Arrangements Orders.

What Is a Child Arrangements Order?

A Child Arrangements Order is a Court Order setting out:

• Who a child will live with
• When and how a child will spend time with each parent
• Other arrangements relating to the child’s care

Some families agree arrangements informally without the need for Court proceedings, while others may require legal advice or Court intervention if an agreement cannot be reached.

What Is Parental Responsibility?

Parental Responsibility refers to the legal rights, duties and responsibilities a parent has in relation to their child.

This may include decisions regarding:

• Education
• Medical treatment
• Religion
• Living arrangements
• General welfare

Mothers automatically have Parental Responsibility at birth.

Fathers usually have Parental Responsibility if:

• They were married to the mother at the time of the child’s birth; or
• They are named on the child’s birth certificate

In some circumstances, unmarried fathers may need to obtain Parental Responsibility separately.

Who Will the Child Live With?

There is no automatic rule that a child should live primarily with one parent over the other.

The Court’s main consideration is always the welfare and best interests of the child.

Arrangements may include:

• The child living primarily with one parent
• Shared care arrangements
• The child spending substantial time with both parents

Every family situation is different and arrangements should reflect the needs of the child involved.

What Happens if Parents Cannot Agree?

Parents are encouraged to resolve matters between themselves wherever possible.

If an agreement cannot be reached, the next step may involve:

• Solicitor negotiations
• Family mediation
• Applying to the Family Court

The Court expects parents to attempt to resolve disputes outside of Court where appropriate. Court proceedings are generally viewed as a last resort.

When making decisions about children, the Court will consider a range of factors to determine what arrangements are in the child’s best interests.

These may include:

• The child’s wishes and feelings (depending on age and understanding)
• The child’s emotional, educational and physical needs
• The likely impact of changes to arrangements
• Each parent’s ability to meet the child’s needs
• The existing relationship between the child and each parent
• Any concerns relating to harm, abuse or neglect
• The importance of maintaining relationships with both parents where appropriate

The Court will always prioritise the child’s welfare above the wishes of either parent.

The Court may consider which parent has historically been the child’s primary caregiver.

This can include looking at who has primarily been responsible for:

• Day-to-day care
• School arrangements
• Medical appointments
• Daily routines
• Emotional support

However, this is only one factor among many and does not automatically determine the outcome.

Do Mothers Have More Rights Than Fathers?

No. Mothers and fathers are treated equally under the law in England and Wales.

The Court does not automatically favour one parent over another based on gender.

Decisions are based on the child’s welfare and the practical arrangements that are in their best interests.

Whilst mothers have historically often been viewed as the primary caregiver, modern parenting arrangements increasingly involve shared care and equal parental involvement.

Can One Parent Stop the Other Seeing the Child?

Generally, children benefit from having a meaningful relationship with both parents, provided it is safe and appropriate.

One parent should not unreasonably prevent contact between the child and the other parent without good reason.

However, where there are concerns involving:

• Domestic abuse
• Neglect
• Substance misuse
• Safety risks
• Emotional harm

the Court may restrict or supervise contact if necessary to protect the child’s welfare.

Shared Care Arrangements

Shared care arrangements are increasingly common and may involve a child spending substantial time with both parents.

This does not always mean a strict 50/50 division of time. Shared care arrangements can vary depending on:

• The child’s age
• Schooling
• Parents’ work commitments
• Distance between households
• The child’s needs and routines

The focus should always remain on what arrangement best supports the child’s wellbeing and stability.

Mediation can help parents reach practical agreements regarding their children without the need for contested Court proceedings.

Mediation may assist with:

• Communication between parents
• Agreeing routines
• Holiday arrangements
• Schooling decisions
• Long-term parenting arrangements

In many cases, resolving matters cooperatively can help reduce conflict and provide greater stability for children.

Frequently Asked Questions (FAQ)

For further information or advice regarding child arrangements and family law matters, please contact our Family & Matrimonial Law team.