Child arrangements

Working out how your children will split their time between two homes can be the hardest part of separating. It's also the part where getting it right matters most. The good news is that the majority of separated parents agree arrangements themselves, without ever going near a court.

What the law says about children

In England and Wales, the court's paramount concern in any decision about a child is the child's welfare. Not what's fair to either parent. Judges use a checklist in the Children Act 1989 that includes the child's wishes and feelings (depending on their age and understanding), their needs, the likely effect of any change, and any risk of harm.

There's no such thing as "custody" or "access" any more. The terms now are where a child lives and who they spend time with. And there's no automatic rule that children split their time equally. What works depends on the child, the distance between homes, school and work patterns, and how well the parents can cooperate.

Both parents usually have parental responsibility, which gives you a say in big decisions such as schooling, religion and medical treatment. Separating doesn't take that away.

How do I agree child arrangements without court?

A parenting plan is a written agreement between you about how you'll raise your children apart. It isn't legally binding, but it gives everyone a clear reference point and helps avoid arguments. A good plan covers:

• where the children will live, and the regular pattern of time with each parent
• school holidays, birthdays, Christmas and other special days
• handovers: where, when and who does the driving
• how you'll communicate about the children, and how often they'll speak to the other parent
• money for things like school trips, clubs and clothes
• how you'll make decisions about education, health and religion
• how you'll handle new partners
• how and when you'll review the plan as the children grow

Cafcass offers a free online tool called Our Child's Plan that you can fill in together. GOV.UK also has a short service that suggests the best ways to reach agreement based on your situation (GOV.UK).

There's no rule that children split their time equally. The right arrangement is the one that works for your child.

Mediation and MIAMs

If you can't agree on your own, a family mediator can help. Mediators don't take sides or make decisions. They help you talk, look at options and reach an agreement you can both live with.

The first step is a Mediation Information and Assessment Meeting (MIAM). You'll usually meet the mediator separately, and they'll check whether mediation is suitable and safe. It costs around £120 per person unless you qualify for legal aid (GOV.UK).

The government's family mediation voucher scheme gives up to £500 towards mediation for cases involving children. The voucher can't be used for the MIAM itself. In May 2026 the Ministry of Justice extended the scheme for a further 12 months (Family Law). Your mediator applies for it, so ask at your first meeting.

You'll normally need to attend a MIAM before you can apply to court. There are exemptions, including where there's evidence of domestic abuse, where there are child protection concerns, or where the application is urgent because you or your child are at risk (GOV.UK).

How do I apply for a child arrangements order?

If you can't agree, or it isn't safe to try, you can apply to the family court using form C100. You can apply online, and GOV.UK recommends this to avoid delays. The court fee is £270, and you may be able to get help with fees if you're on a low income (GOV.UK).

The court can make different kinds of orders:

• Child arrangements order: decides where a child lives and when they spend time with each parent.
• Specific issue order: settles one particular question, such as which school a child goes to.
• Prohibited steps order: stops a parent doing something, such as moving the child abroad.

If you've already agreed arrangements and want them made into an order, you can ask the court for a consent order instead.

Cases take time. In April to June 2026, private law children cases took an average of 33 weeks, and 52% were dealt with within 26 weeks. In 51% of cases, neither parent had a lawyer (Ministry of Justice). If you're representing yourself, the charity Support Through Court can help.

Some areas now run Child Focused Courts, which put more emphasis on hearing the child's voice and identifying risk early. They currently cover 10 of 43 court areas, including all of Wales, and are being rolled out across England (Ministry of Justice).

What does Cafcass do?

Cafcass (the Children and Family Court Advisory and Support Service) works for the court, focused on the child. In Wales, the equivalent is Cafcass Cymru. Once you've applied, Cafcass will usually:

1. carry out safeguarding checks with the police and the local authority
2. speak to each parent, usually by phone, about any concerns for the child's safety
3. send the court a short safeguarding letter before the first hearing

If the case continues, the court may ask a Family Court Adviser to write a more detailed report, called a section 7 report, which may involve speaking to your child (Cafcass). The court may also ask you both to attend Planning Together for Children, a course about putting children first during separation.

Child maintenance

Child maintenance is separate from time with the children. A parent can't stop paying because they don't see the children, and a parent can't stop contact because maintenance hasn't been paid.

You can agree an amount between you, or use the Child Maintenance Service. It's free to apply. If you pay each other directly using the service's calculation (Direct Pay), there's no charge. If the service collects and passes on payments, the paying parent pays a 20% fee on top and the receiving parent has 4% taken off (GOV.UK).

If there's domestic abuse

Children's safety comes first, and so does yours. If you've experienced domestic abuse, you won't usually have to attend a MIAM, you may be able to get legal aid, and the court has special measures to protect you, such as separate waiting rooms and screens. You can tell the court about safety concerns on form C1A when you apply.

• In an emergency, call 999. If you can't speak, press 55 when prompted on a mobile.
• The National Domestic Abuse Helpline (0808 2000 247) is free and open 24 hours (GOV.UK).
• Samaritans are there for anyone struggling, any time, on 116 123.

Common questions

Sources

1. Ministry of Justice, Family Court Statistics Quarterly: April to June 2026
2. GOV.UK, Making child arrangements if you divorce or separate: apply for a court order
3. GOV.UK, Family court fees (EX50), updated 13 July 2026
4. GOV.UK, Family mediation voucher scheme
5. Family Law, Family mediation voucher scheme extended amid sharp rise in uptake (18 May 2026)
6. Cafcass, Overview of our involvement as you go through the court process
7. Cafcass, Our Child's Plan
8. Ministry of Justice, Children to get swifter justice as new family court approach expands nationally (17 March 2026)
9. GOV.UK, Child maintenance: paying through the Child Maintenance Service (updated 1 April 2026)
10. GOV.UK, Domestic abuse: how to get help

Keep reading

This guide is general information about divorce and separation in England and Wales, not legal advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 1 October 2026.